Nevla Devi @ Navela Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48165 of 2017 Arising Out of PS.Case No. -84 Year- 2017 Thana -DIDARGANJ District- PATNA ======================================================

1. Nevla Devi @ Navela Devi wife of Ram Dayal Prasad Yadav resident of Gauridash Mandi Patna City, P.S.- Malsalami, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Usha Kumari Singh For the Opposite Party/s : Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-01-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the O.P. No.2. The petitioner is apprehending her arrest in a case instituted under Sections 498A and 365/34 of the Indian Penal Code.

The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. The petitioner is mother-in-law of the

Patna High Court Cr.Misc. No.48165 of 2017 (3) dt.04-01-2018 2/2 victim. She is separate in mess and property from the husband of the victim. The other co-accused persons have been granted anticipatory bail vide Cr. Misc. No.59894 of 2017 and Cr. Misc. No.44497 of 2017. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State and counsel for the O.P. No.2, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Didarganj P.S. Case No.84/2017 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Patnacity, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T