Meena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60154 of 2022 Arising Out of PS. Case No.-619 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== 1.

Meena Devi W/o Manoj Yadav R/o Village- Dhurgaon, P.S.- Madhepura(Bharrahi O.P.), Distt- Madhepura.

2.

Manoj Yadav S/o Late Medi Yadav R/o Village- Dhurgaon, P.S.- Madhepura(Bharrahi O.P.), Distt- Madhepura.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nishu Kumari W/o Pintu Yadav R/o Village- Dhurgaon Ward no. 3, P.S.- Bharrahi O.P., Distt- Madhepura.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha, Advocate For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The petitioners are apprehending arrest in connection with Madhepura (Bharrahi O.P.) P.S. Case No. 619 of 2022 under sections 341, 323, 498A, 494, 376, 511, 504, 506/34 of the Indian Penal Code and Section 3/4 of the D.P. Act. As per the prosecution story, the lady was married to the petitioners' son namely Pintu Yadav but was regularly tortured for dowry.

In between, the husband went to Rajasthan for work and the allegation against the father-in-law is that he tried

Patna High Court CR. MISC. No.60154 of 2022(2) dt.06-02-2023 2/2 to rape her. When this was informed to the husband, he directed to communicate the matter to the mother. However, nothing happened. Accordingly, the FIR.

Considering the kind of allegation that has come against the petitioner no.2 Manoj Yadav, this Court is not inclined to grant him any relief and the anticipatory bail application stands rejected.

So far as the petitioner no.1 Meena Devi is concerned, she is lady, do not have any criminal antecedent and the main allegation is against the petitioner no.2, this Court is inclined to grant her the privilege of bail.

Let the petitioner no.1 be released on bail, in the event of her arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura, in connection with Madhepura (Bharrahi O.P.) P.S. Case No. 619 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Ravi/- U T