Mamta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59516 of 2019 Arising Out of PS. Case No.-3482 Year-2010 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== 1.

MAMTA DEVI D/o Late Amerika Rai Resident of Village - Siswaniya, P.S.- Chanpatia, Dist.- West Champaran.

2.

Mosmat Sharda Kunwar @ Mos. Sarda Devi W/o Late Ganesh Rai Resident of Village - Siswaniya, P.S.- Chanpatia, dist.- West Champaran. 3.

Uma Devi W/o Late Amerika Rai Resident of Village - Siswaniya, P.S.- Chanpatia, dist.- West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Seema Devi W/o Naveen Rai, D/o Ramjee Thakur Resident of Village - Upadhyay Tola, P.S.- Chanpatia, dist.- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-09-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Section 498A of the Indian Penal Code registered in connection with Complaint Case No. 3482-C/2010.

3. It is submitted that the petitioners have been falsely implicated merely because they happens to be variously related to the husband of the complainant. The petitioners are married sister-in-law, aunt in law and mother-in-law, respectively of the complainant and they have been residing separately from the complainant and her husband and have no concern with their day-to-day matters. The thrust of accusation is against complainant's husband. The petitioners are accused in one prior case being Complaint Case No. 2469-C/2008 in which they were granted anticipatory bail. The petitioners are ladies and except the aforesaid Complaint Case No. 2469-C/2008 the petitioners claim clean

Patna High Court CR. MISC. No.59516 of 2019(2) dt.23-09-2019 2/2 antecedents.

4. Learned counsel for the complainant appears and has been heard.

5. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners' be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned SDJM, Bettiah, West Champaran, in connection with Complaint Case No. 3482-C/2010 subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. The petitioners shall be well represented in Court on each and every date during trial except as and when directed by the learned Court below to be physically present, and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T