Patna High CourtCR. MISC./57277/2015bail granted

Mania Devi v. State Of Bihar And ANR

2015-12-21Mr. Justice Navaniti Prasad Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 57277 of 2015 Arising Out of PS.Case No. -346 Year- 2011 Thana -COMPLAINT CASE District- SUPAUL ====================================================== Mania Devi D/o Kiran Mukhiya, wife of Sanjay Mukhiya, resident of Village- Chhatapur, P.S.- Chhatapur, District- Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Chandra Devi W/o Sanjay Mukhiya, D/o Khattar Mukhiya at present resident of Village- Latuna, P.S.- Tribeniganj, District- Supaul. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Surendra Kumar(App) ====================================================== CORAM: HON'BLE MR JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 21-12-2015 The petitioner is a lady and apprehends arrest in Complaint Case No 346C of 2011 pending before the Subdivisional Judicial Magistrate (SDJM), Supaul in a case under Sections 498A and 494 of Indian Penal Code. It is alleged that the husband of the complainant, having thrown out the complainant, is living with the petitioner, virtually the petitioner, being a concubine. Learned counsel submits that the husband of the complainant has already been granted bail by the Additional Sessions Judge I, Supaul in Bail Application No 443 of 2015 by order dated 25.08.2015 and the certified copy of the order is produced before the Court. The facts are also noted by the learned Additional Sessions Judge I while rejecting the application of this

Patna High Court Cr.Misc. No.57277 of 2015 (2) dt.21-12-2015 petitioner. It is further submitted that the complainant has already married again and has children.

Be that as it may, in the event of her arrest or surrender within four weeks from today, the petitioner abovenamed shall be released on bail on her furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of SDJM, Supaul in Complaint Case No 346C of 2011 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code.

Let the order of the Additional Sessions Judge I granting bail to the husband of the complainant be kept on record. (Navaniti Prasad Singh, J) M.E.H./- U T