Rekha Devi @ Rekha Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49732 of 2022 Arising Out of PS. Case No.-854 Year-2021 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== REKHA DEVI @ REKHA SHARMA W/o Kamakhya Narayan Sharma R/o village- Choti Bhaishdiyara, P.S.- Barari, District- Katihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Preeti Sharma W/o Mridul Kumar, D/o Sanjay Kumar Sharma R/o villageChoti Bhaishdiyara, P.S.- Barari, District- Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bal Krishna Mishra, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

Petitioner apprehends his arrest in a case registered for offence punishable u/s 323, 506, 498A, 313 of the IPC. Allegedly, the husband of the complainant abused and assaulted her. Her husband tortured the complainant physically and mentally. When the complainant brought this fact to the petitioner and other in laws, they forced the complainant to keep silence. The petitioner is said to have helped complainant's husband in giving her pills to terminate her pregnancy.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has

Patna High Court CR. MISC. No.49732 of 2022(2) dt.08-12-2022 2/2 been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation against petitioner regarding help to her husband in the course of termination of pregnancy is quite improbable and is super addition as the petitioner never stayed with the complainant. The petitioner is residing with her husband at District Katihar, where her husband is working as a teacher. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since there is no specific allegation against the petitioner, let the above named petitioner, 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, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Katihar Complaint Case No.854 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T