Rupam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17708 of 2016 Arising Out of PS.Case No. -8 Year- 2016 Thana -SURYAGARHA District- LAKHISARAI ====================================================== Rupam Devi, wife of Niranjan Mahto @ Rajan Mahto, Daughter of Dhirendra Mahto, Resident of Village- Maheshpur, P.S.- Piri Bazar, District- Lakhisarai .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-04-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the second wife of the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 341,323,307, 498A, 494, 504 and 506/34 of the Indian Penal Code.

The basic accusation is of torture. It is alleged that the petitioner along with her husband used to assault the informant.

It is submitted by learned counsel for the petitioner that the petitioner got married with the husband of the petitioner as her husband failed to disclose about his earlier marriage. No injury was caused to the informant. Statement to that effect has been made in para-9 of the petition which reads as

Patna High Court Cr.Misc. No.17708 of 2016 (2) dt.25-04-2016 2/2 follows:

"9. That in any view of the matter no case under Section 307 of the Indian Penal Code is made out against the petitioner because no any injury has been found on the body of the informant."

Considering the fact that the husband of the petitioner is in jail and the petitioner being a lady, 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 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Suryagarha (Manikpur) P.S. Case No. 008/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) S.Pandey/- U T