Pramila Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31691 of 2016 Arising Out of PS.Case No. -157 Year- 2016 Thana -BAHADURPUR District- DARBHANGA ======================================================
1. Pramila Devi, Wife of Ramshrestha Yadav, Resident of VillagePokharshama, P.S. Bahadurpur, District Darbhanga.
2. Ramshrestha Yadav, Son of late Ganga Yadav, Resident of VillagePokharshama, P.S. Bahadurpur, District Darbhanga. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Dharmendra Jha, Advocate For the Opposite Party/s : Mr. Akbar Ali, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 06-09-2016 It is contended that the petitioner no.2 has already been taken in custody and, as such, learned counsel for the petitioners wants to withdraw this application so far as petitioner no.2 is concerned.
Accordingly, this application stands dismissed as withdrawn as against the petitioner no.2.
Heard learned counsel for the petitioner no.1 and the State.
The petitioner no.1 apprehends her arrest in a case registered for the offences punishable under Sections 376/34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act. It is contended that from bare perusal of the FIR, it would
Patna High Court Cr.Misc. No.31691 of 2016 (2) dt.06-09-2016 2/2 appear that it were the petitioner and her husband who had married the daughter-in-law with the younger brother of her husband after his death and there is some dispute with respect to demand of share of her late husband in the property. So far specific allegation of assault is concerned, that is upon the son of petitioner no.1 and not upon the petitioner, who is mother-in-law and obviously a lady.
Having regard to the facts and circumstances of the case, let the petitioner no.1, namely, Pramila Devi be released on bail in the event of her arrest/surrender before the court below within a period of six weeks from today in connection with Bahadurpur P.S. Case No.157 of 2016, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Darbhanga subject to the conditions as laid down under subsection (2) of Section 438 of the Code of Criminal Procedure. (Dr. Ravi Ranjan, J.) V.K. Pandey/- U T