Geeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1540 of 2017 Arising Out of PS.Case No. -1 Year- 2016 Thana -MAHILA P.S. District- MUNGER ====================================================== Geeta Devi, wife of Late Manoj Malakar @ Makko, resident of MohallaBasudeopur, P.S.- Kotwali, District- Munger. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Jyoti Ranjan Jha, Advocate For the Opposite Party : Mr. Dashrath Mehta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-01-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends her arrest in connection with Munger Mahila (Woman) P.S. Case No. 01 of 2016, registered for the offences punishable under Sections 498A and 497/34 of the Indian Penal Code.

Allegedly, the husband of the informant having adulterous relationship with the petitioner, called the petitioner and both assaulted the informant and tried to press her neck. Submission is of false implication and that cognizance has not been taken under Section 497 of the Indian Penal Code rather under Section 498A/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act, the petitioner has

Patna High Court Cr.Misc. No.1540 of 2017 (2) dt.17-01-2017 2/2 been made un-necessary a party in this case, she has got no concerned with the husband of the informant, she is not the family member of the husband or relative of the husband, only with a view to give colour of this case the petitioner has been implicated in this case, other co-accused Shishir Mandal, Jayant Mandal and Basant Kumar @ Basant Mandal have been allowed pre-arrest bail in this case and the petitioner being the lady also deserves sympathetic consideration.

The learned A.P.P. submits that against the petitioner there is specific allegation.

In the facts and circumstances as stated above, the petitioner in the event of her arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Munger, in connection with Munger Mahila (Woman) P.S. Case No. 01 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T