Mamta Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36258 of 2015 Arising Out of PS.Case No. -150 Year- 2012 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ====================================================== Mamta Devi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Iqbal Asif Niazi For the Opposite Party/s : Mr. A.Haque Sahara(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-08-2015 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 Sections 341, 323, 498A and 494 of the Indian Penal Code.

The basic accusation is of torture and performing second marriage by the husband of the complainant. It is submitted by learned counsel for the petitioner that the petitioner was not aware about first marriage of her husband. Thrust of accusation is against the husband of the complainant who has been granted provisional bail on the undertaking to make payment of `2,000/- per month to the complainant since the complainant refused to reside with her husband.

Patna High Court Cr.Misc. No.36258 of 2015 (2) dt.27-08-2015 2/2 Considering the fact that the thrust of accusation is 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 A.C.J.M., Benipur, Darbhanga in connection with C.R. Case No. 150 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T