Patna High CourtCR. MISC./43019/2015disposed

Sushila Devi v. State Of Bihar And ANR

2015-09-10Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43019 of 2015 Arising Out of PS.Case No. -499 Year- 2007 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ====================================================== Sushila Devi .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinay Kumar Mishra, Adv. For the State : Mr. Uma Shankar Pd. Singh,(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-09-2015 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 and 494 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for non-fulfillment of the dowry demand and performing second marriage by the husband of the complainant.

It is submitted by learned counsel for the petitioner that though, the complaint was filed in the year 2007 but since the petitioner was suffering from tuberculosis, she could not prefer bail application. It is further submits that the thrust of accusation is

Patna High Court Cr.Misc. No.43019 of 2015 (2) dt.10-09-2015 2/2 against the husband of the complainant.

The aforesaid facts constitute good ground for consideration of prayer for regular bail.

Let the learned court below consider the prayer for regular bail of the petitioner if she surrenders within a period of six weeks in connection with C.R. Case No. 499 of 2007 pending in the court of learned SDJM, Darbhanga.

It is expected from the learned court below to dispose of the regular bail application of the petitioner preferably on the same day.

Accordingly, the application is disposed of.

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