Indu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.679 of 2015 Arising Out of PS.Case No. -71 Year- 2014 Thana -SAHIYARA District- SITAMARHI ====================================================== Indu Devi, wife of Dinesh Mahto, resident of Village-Orlahiya, P.S.- Sahiyara, District-Sitamarhi.

.... .... Petitioner

Versus

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

For the Petitioner :

Mr. Hans Lal Kumar, Advocate For the Opposite Party : Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-01-2015 Heard both sides.

The petitioner, Indu Devi, apprehends her arrest in Sahiyara P.S. Case No.71 of 2014, registered under Section 376 and other sections of the Indian Penal Code.

Pushpa Kumari, the victim, made allegation against one Dinesh Mahto that he, with the help of his wife Indu Devi, established physical relation with her and also prepared her MMS. She further alleged that Gulam Mansuri and Dinesh Mahto established physical relation and consequently, she became pregnant Learned counsel for the petitioner submits that the petitioner is the wife of Dinesh Mahto. The informant earlier filed a complaint petition, on the basis of which, the present case has been lodged. The allegation against the petitioner is only

Patna High Court Cr.Misc. No.679 of 2015 (2) dt.08-01-2015 2/2 ornamental in nature. No wife can help her husband in establishing physical relation with a stranger or any other girl. Having considered the facts and the nature of allegation and the fact that petitioner is a lady, the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Sahiyara P.S. Case No.71 of 2014, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Pawan/- U T