Patna High CourtCR. MISC./38418/2016bail granted

Usha Devi @ Usha Kumari v. State Of Bihar And ANR

2016-09-02Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38418 of 2016 Arising Out of Complaint Case No. -3954 Year- 2015 Thana -PATNA COMPLAINT CASE District- PATNA ====================================================== Usha Devi @ Usha Kumari wife of Sri Rohan Lal Mehta .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rajni Kumari, daughter of Bhola Singh .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajani Kant Singh, Advocate For the Opposite Party/s : Mr. Sri Ashok Kumar Singh - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-09-2016 Heard learned counsels for the petitioner and the State. The petitioner being the mother of the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. Basic accusation is of torture for non-fulfillment of dowry demand. It is alleged that the marriage of the complainant was performed with Rohit Rahul Kumar on 31.01.2015 and thereafter further demand of dowry was made. Subsequently, husband of the complainant fall ill when the complainant started residing at her parent's house with her husband for his treatment, in the meantime, she came to know that her husband has wife from

Patna High Court Cr.Misc. No.38418 of 2016 (2) dt.02-09-2016 2/2 before.

It is submitted by learned counsel for the petitioner that the thrust of accusation is against the husband. The petitioner denies the factum of marriage.

Considering the thrust of accusation against the husband of the complainant, 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 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Patna, in connection with Complaint Case No.3954 C/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T