Malti Devi @ Rekha Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27449 of 2016 Arising Out of PS.Case No. -696 Year- 2008 Thana -GAYA COMPLAINT CASE District- GAYA ====================================================== Malti Devi @ Rekha Devi Wife of Ram Swarath Chaudhary .... .... Petitioner/s

Versus

1. The State of Bihar

2. Kunti Devi Wife of Ram Swarath Choudhary, D/o Late Balkeshwari Choudhary .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Sri Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-07-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the second wife of husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 498A, 34 of the Indian Penal Code.

Basic accusation is of torture.

It is submitted by learned counsel for the petitioner that process has been directed to be issued after cognizance being taken in 2009 but since the issue got reconciled between the parties, hence the petitioner could not approach before the Court. It is further submitted that the thrust of accusation is against the husband of the complainant.

Patna High Court Cr.Misc. No.27449 of 2016 (2) dt.04-07-2016 2/2 The aforesaid facts constitute ground for consideration of prayer for regular bail.

Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Complaint Case No.696/2008, pending before the learned Judicial Magistrate, 1st Class, Gaya.

With the above observation, this application is, accordingly, disposed off.

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