Champa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39964 of 2023 Arising Out of PS. Case No.-13 Year-2020 Thana- MADHEPURA COMPALINT CASE District- Madhepura ====================================================== Champa Devi, Wife Of Umesh Mehra Village Yogiraj Ps Puraini District Madhepura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mira Devi Wife Of Raushan Mehra Resident Of Village- Yogiraj Ward No. 08, Police Station- Puraini, District- Madhepura At Present Resident Of Village- Bhadaul, Ward No. 02, Police Station- Madhepura (bHARRAHI O.P.), District- Madhepura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surya Narayan Yadav, Advocate For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-08-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

The petitioner is apprehending her arrest in connection with Complaint Case No. 13(C) of 2020 registered for the offence punishable under Sections 341, 323, 379, 498-A, 504 of the Indian Penal Code Section 3/4 of D.P Act. 3.

The petitioner is mother-in-law. The complainant has alleged that the marriage was solemnized in the year 2019. There is an allegation of torture and assault by husband and inlaws, including the petitioner, for non-fulfillment of additional dowry demand of one motorcycle. She has also alleged that she

Patna High Court CR. MISC. No.39964 of 2023(2) dt.19-08-2023 2/3 was ousted from the matrimonial home and an attempt was made to kill her by sprinkling kerosene on her by the instant petitioner.

4.

Learned counsel for the petitioner submits that the complaint case has been lodged on misconception and on instigation of some persons. The same is a false case. In fact, the complainant is now residing with her husband (petitioner's son). The husband's younger brother has also been allowed bail by the learned trial court. The petitioner is a female petitioner, having no antecedents; and her implication is only by virtue of her relationship with the complainant.

5.

Learned APP for the State has opposed the prayer for pre-arrest bail.

6.

Considering the submission regarding grant of bail to the husband and other submissions advanced by learned counsel for the petitioner, this Court is inclined to allow petitioner's prayer for grant of anticipatory bail. 7.

Accordingly, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.39964 of 2023(2) dt.19-08-2023 3/3 S.D.J.M., Madhepura in connection with Complaint Case No. 13(C) of 2020, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/- U T