Suryakanta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30857 of 2014 Arising Out of PS.Case No. -38 Year- 2013 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Suryakanta Devi, Wife of Late Akhileshwar Prasad, resident of villageBhawanipur Zirat, P.S.- Chhatauni, District- East Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. For the Opposite Party/s : Mr. Nawal Kishore Pd., A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner, apprehending her arrest in connection with Chhatauni P.S. Case No. 38 of 2013 registered for the offences punishable under Sections 498(A), 406, 504/34 of the Indian Penal Code, 1860 and Section 3/4 Dowry Prohibition Act, seeks the privilege of pre-arrest bail.

Allegedly, the petitioner and other co-accused used to assault the informant and tortured her physically and mentally and in spite of compromise arrived at between the husband and wife again the husband started torturing her. Out of the wedlock, one daughter has been born but in spite of that the husband of the

Patna High Court Cr.Misc. No.30857 of 2014 (2) dt.22-01-2015 informant used to assault and torture her in various ways at his service place.

Submission is that the husband has been allowed bail on the basis of compromise and the petitioner is the mother-in-law having no specific allegation in the entire written statement to which the learned counsel for the informant and learned A.P.P. opposed by submitting that after compromise again the informant has been ousted from her in-law's house and her husband is not allowing her to live at his service place.

Considering that against the petitioner, there is no specific allegation and she is mother-in-law and as such, she, in case of her arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Chhatauni P.S. Case No. 38 of 2013, subject to the conditions as laid down under Section 438(2) Cr. P.C. (Jitendra Mohan Sharma, J.) Vats/- U T