Muni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52470 of 2022 Arising Out of PS. Case No.-298 Year-2009 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== MUNI DEVI W/o Naresh Saw R/o village- Karma, P.S.- Konch, DistrictGaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Lakhmani Devi W/o Naresh Saw R/o village- Karma, P.S.- Konch, DistrictGaya. At present residing at Rafiganj Sangat, Near Ranjit Babu House, P.S.- Rafiganj, District- Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Sharma, Advocate For the Opposite Party/s :

Mr. Binod Kumar-III, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The petitioner is apprehending arrest in connection with Complaint Case No. 298 of 2009 (Tr. No. 740/18) under sections 147, 148, 323, 427, 504, 420, 120B, 494, 498(A) of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act. As per the prosecution story, the complainant alleged that the marriage was solemnized in 1985 but later after a decade, he started torturing her for demand of dowry and subsequently, she came to know that she has also solemnized the

Patna High Court CR. MISC. No.52470 of 2022(2) dt.17-01-2023 2/2 the marriage with the petitioner. Accordingly, the FIR. Learned counsel for the petitioner submits that she is an unfortunate lady who became the second wife without her knowledge and in that backdrop, she herself has been deceived. Taking into account the aforesaid fact she is lady having no criminal antecedent and will ultimately face the trial, this Court is inclined to grant her the privilege of anticipatory bail.

Let the petitioner be released on bail, in the event of her arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Gaya, in connection with Complaint Case No. 298 of 2009 (Tr. No. 740/18) subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Ravi/- U T