Chandrika Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48907 of 2016 Arising Out of PS.Case No. -17 Year- 2013 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ====================================================== Chandrika Devi W/o- Late Yogendra Yadav, Resident of Village- Latauna, P.S.- Tribeniganj, District- Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Kendula Devi @ Prabha Devi w/o Om Prakash Yadav, resident of village Latauna P.S. Tribeniganj District Supaul .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 22-12-2016 Heard Mr. Md. Nafisuzzoha, learned counsel for the petitioner and learned Additional Public Prosecutor . The sole petitioner, who is mother- in- law of the complainant /opposite party no. 2 has prayed for grant of bail in the event of her arrest or surrender in Complaint Case No. 17 of 2013.

By way of referring to the facts disclosed in the complaint petition it was argued by learned counsel for the petitioner that marriage of complainant with her son who was arrayed as accused no. 1 was solemnized about 16 years back. It has been argued that the son was residing separately and there is no specific accusation against the petitioner in the complaint

Patna High Court Cr.Misc. No.48907 of 2016 (3) dt.22-12-2016 2/2 petition. Besides allegation of Section 498A of the Indian Penal Code, there is also allegation of Section 494 of the Indian Penal Code. It was submitted by learned counsel for the petitioner that so far offence under Section 494 of the Indian Penal Code is concerned, it is only applicable against the husband . Be that as it may, keeping in view the nature of accusation , the fact that marriage was solemnized about 16 years back and petitioner being mother -in- law, there is no reason to deny the prayer for anticipatory bail. Accordingly , in the event of arrest or surrender within a period of six weeks from today, let the petitioner Chandrika Devi be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Madhepura / concerned court in connection with Complaint Case No.17 of 2013 subject to the conditions as contemplated under Section 438(2) of the Code of Criminal Procedure 1973.

(Rakesh Kumar, J) Praful/- U T