Phulpatiya Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16618 of 2017 Arising Out of PS.Case No. -666 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Phulpatiya Devi, wife of Late Nabbalak Choudhary, resident of MohallaGopalay Chowk, Karuie Tola, P.S.- Muffasil, District- Arra (Bhojpur). .... .... Petitioner

Versus

1. The State of Bihar.

2. Rekha Devi, wife of Badlu Choudhary, resident of Village- Piplawan, P.S.- Naubatpur, District- Patna.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-04-2017 Heard learned counsel for the petitioner.

The petitioners is apprehending her arrest in connection with Complaint Case No. 666 (c) of 2015 lodged for the offences punishable under Sections 498a, 323, 307, 380, 452/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

Allegation against the petitioner is under Section 498A IPC and also there is specific allegation that she has thrown boil water on the complainant.

It has been submitted on behalf of the petitioner that though there is allegation of throwing boil water but complainant has received no injury and except that there is no specific allegation against her and other co-accused have been granted

Patna High Court Cr.Misc. No.16618 of 2017 (2) dt.10-04-2017 2/2 anticipatory bail by this Court (Annexure-2). Heard learned APP also.

Having heard both sides and in view of the fact that there is general allegation against the petitioner, who is mother-inlaw, let the petitioner, named above, in the event of her arrest or surrender in the court within a period of two weeks from the date of receipt/production of a copy of this order, be released on bail 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 Sub-Divisional Judicial Magistrate, Danapur, Patna, in connection with Complaint Case No. 666(c) of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that petitioner shall co-operate in the trial and make herself available before the court as and when required and in the event of failure on her part to appear before the court on two consecutive dates, the prosecution shall be free to move for cancellation of her bail. (Vinod Kumar Sinha, J) spal/- U