Hingani Devi v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22621 of 2016 Arising Out of PS.Case No. -113 Year- 2014 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ====================================================== Hingani Devi, wife of Madan Sah .... .... Petitioner/s
Versus
1. State of Bihar
2. Dulari Devi, wife of Madan Sah, daughter of Bhadru Sah .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Opposite Party/s : Mr. A.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-05-2016 Heard learned counsels for the petitioner and the State. The petitioner being the second wife 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 Section 498A of the Indian Penal Code.
Prosecution case is that the complainant got married with co-accused Madan Sah in 1977 and gave birth to two male children out of the wedlock but after 10 years of marriage the husband of the complainant performed second marriage with the petitioner.
It is submitted by learned counsel for the petitioner that the petitioner was not aware about the first marriage of her husband and the complainant also performed second marriage
Patna High Court Cr.Misc. No.22621 of 2016 (2) dt.19-05-2016 2/2 with one Gouri Prasad Mandal in 2012.
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, Katihar, in connection with Complaint Case No.113/2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T