Ghouli Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37116 of 2018 Arising Out of PS.Case No. -12 Year- 2018 Thana -MAHILA P.S. District- NAWADA ====================================================== Ghouli Devi W/o Arvind Ravidas, R/o Vill.- Tel Badro , P.S.- Akbarpur, District- Nawada.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 28-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner being the brother's wife of the husband of the informant is apprehending her arrest in a case registered for the offences punishable under Sections 498A, 307, 504/34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.

The prosecution case as per the written report of Rekha Devi dated 05.05.2018 submitted to the Station House Officer of Nawada Mahila P.S. is to the effect that the informant was married with Pramod Das about eight years ago. After five years of the marriage she gave birth to a child but the husband of the informant and other in-laws, began making further demand of motorcycle and cash of Rs.One lac and for non-fulfillment of

Patna High Court Cr.Misc. No.37116 of 2018 (2) dt.28-06-2018 the same they used to torture her and tried to throttle her but somehow she managed to save her. It is further alleged that the husband of the informant has illicit relationship with this petitioner and when she protested, this petitioner and husband of the informant began making attempts to kill the informant. It is submitted by learned counsel for the petitioner that the thrust of accusation is against the husband of the informant and the accusation has been levelled against the petitioner just to malign her. There is no injury report on the record to corroborate the accusation of attempts being made to kill the informant.

Learned APP submits that the accusation is specific against the petitioner.

Considering the fact that the petitioner is a lady and the learned Sessions Judge after going through the case diary has recorded that there is no injury report on the record, hence, the accusation is not being corroborated with the medical opinion, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional

Patna High Court Cr.Misc. No.37116 of 2018 (2) dt.28-06-2018 Judicial Magistrate, Nawada in connection with Nawada Mahila P.S. Case No. 12 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T