Mithu Devi @ Mithu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41368 of 2022 Arising Out of PS. Case No.-75 Year-2022 Thana- RIGA District- Sitamarhi ====================================================== MITHU DEVI @ MITHU KUMARI W/o Raju Thakur R/o village- Punaura, P.S.- Punaura, Distt.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 341, 323, 307, 326, 504 and 34 of the Indian Penal Code & Section 3 /4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and the informant alleges that she was married to Vikransh Kumar on 29.04.2018, after marriage the accused persons were demanding motorcycle and Rs. 1,00,000/- and on non-fulfillment of the demand, the accused persons sprinkled kerosene oil and set her ablaze on which she received burn injuries.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next

Patna High Court CR. MISC. No.41368 of 2022(2) dt.12-12-2022 2/2 submitted that she is married Nanad of the informant and resides separately. It is also submitted that allegation of assault and sprinkling kerosene oil is also general and omnibus in nature, it is next submitted that whenever any dispute arises in between the husband and wife, the entire family members are implicated and when it is an admitted fact that petitioner is not residing with the husband of the informant.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, 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. 5,000/- (Rupees Five 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 Riga P.S. Case No. 75 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T