Mamta Devi @ Mamta Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33996 of 2023 Arising Out of PS. Case No.-385 Year-2022 Thana- SONO District- Jamui ====================================================== MAMTA DEVI @ MAMTA KUMARI Daughter of Dilip Das @ Dileep Ravidas Resident of Village Teliyadih, PS- Jhajha, District- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s :
Mr. Madan Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-08-2023
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 341, 323, 354, 498(A), 494, 504 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and has been falsely implicated in the present case on the allegation that the husband of the informant married this petitioner. It is next submitted that informant was married to Vikash Das on 05.03.2019 and out of the wedlock a child was born. It is next submitted that after marriage her husband and family members started demanding dowry and even assaulted her, further the petitioner performed his second marriage with the petitioner.
Patna High Court CR. MISC. No.33996 of 2023(2) dt.03-08-2023 2/2 The learned counsel next submits that petitioner does not dispute her marriage with Vikash and it is evident from the order impugned also that she has described herself as wife of Vikas. It is next submitted that petitioner is claiming to be the legally wedded wife of Vikash, it is also submitted that allegation of assault is general and omnibus in nature and the thrust of the allegation is against Vikash.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. Considering the submissions made by the learned counsel for the petitioner and the fact that petitioner is a woman, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sono P.S. Case No. 385 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) GauravSinha/- U T