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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38212 of 2017 Arising Out of PS.Case No. -989 Year- 2015 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ====================================================== Sunita Kumari @ Sunita Devi D/o Kameshwar Yadav, R/o VillageMamarkha Ward No.9 Mobarkpur, P.S.- Salkhua , District- Saharsa. .... .... Petitioner

Versus

1. The State of Bihar.

2. Sushma Kumari @ Divya Bharti W/o Pappu Kumar D/o Jaiprakash Yadav, R/o Jagbani , P.S.- Gamaharia, District- Madhepura. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Diwakar Prasad Singh, Advocate. For the State : Smt. Gulnar Begam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending her arrest in connection with Complaint Case No. 989/2015 for the offences instituted under Sections 341, 323, 494 and 498(A) of the IPC. The prosecution story, in brief, is that the accused persons including the petitioner tortured the complainant due to non-fulfilment of 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 with the witnesses alleged against the petitioner. She

Patna High Court Cr.Misc. No.38212 of 2017 (2) dt.10-08-2017 2/2 has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner denies the marriage with the husband of the complainant. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it has been submitted that the petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of her arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No. 989/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1, Madhepura, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T