Babita Devi v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33883 of 2016 Arising Out of PS.Case No. -442 Year- 2014 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ====================================================== Babita Devi, wife of Subodh Ram, Resident of Village- Khurhan, P.S.- Alamganj, District- Madhepura. & (as per complaint petition) but original name and address as Babita Kumari, Daughter of Bihari Ram, Resident of village- Kaharpur, P.S.- Bihpur, District- Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Preetam Devi, wife of Subodh Ram, Daughter of Sri Birendra Ram, Resident of Village- Fekararahi, P.S.- Puraini, District- Madhepura. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Singh For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 09-08-2016 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending her arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 494, 323/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.
The prosecution case is that the husband of the complainant inflicted torture for non-fulfillment of dowry demand and has performed marriage with the petitioner. It is submitted by learned counsel for the
Patna High Court Cr.Misc. No.33883 of 2016 (2) dt.09-08-2016 2/2 petitioner that the petitioner is still unmarried and denies the factum of her marriage with the husband of the complainant. Moreover, the thrust of accusation is against the husband of the complainant.
Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Udakishunganj, District - Madhepura in connection with Complaint Case No. 442 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T