Puja Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71371 of 2021 Arising Out of Complaint Case No.-2748 Year-2019, District- Araria ====================================================== PUJA KUMARI, W/o Arjun Kumar Mehta, Resident of Village- Karjain (Baisi Chowk), P.S.- Karjain, District- Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dr. Sangitta Mehta, D/o Satya Narayan Mehta, W/o- Arjun Kumar Mehta Resident of Kalawati Nagar, Ward No. 06, Hasanpur, P.S.- Raniganj, District- Araria.

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

For the Petitioner/s :

Mr.Anil Prasad Singh, Advocate For the Opposite Party/s :

Mrs.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-06-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

Learned counsel for the petitioner is permitted to remove the defect/(s), as pointed out by the office, if any, within a period of four weeks from today.

This is an application for grant of anticipatory bail in connection with Complaint Case No. 2748 of 2019 registered for the offences punishable under Sections 498(A), 406, 323/34 of the Indian Penal Code.

As per FIR, the petitioner is the second wife of the husband of the complainant.

Learned counsel for the petitioner submits that with

Patna High Court CR. MISC. No.71371 of 2021(2) dt.07-06-2022 2/2 consent of the complainant, her husband solemnized second marriage with the petitioner due to lack of the ability of giving birth to a child. He further submits that she has no role in the dowry torture as alleged by the complainant. She has not criminal antecedent. He further submits that the complainant is residing separately from her husband since 23.07.2013. Considering the aforesaid submissions made by the learned counsel for the petitioner and the fact and circumstance of the case, let the petitioner, abovenamed in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs.

Ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Araria in connection with Complaint Case No. 2748 of 2019, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.