Mala Devi @ Mala Kumari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20065 of 2016 Arising Out of PS.Case No. -747 Year- 2014 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ======================================================

1. Mala Devi @ Mala Kumari W/o Kamaldeep Mandal, R/o VillageRajguru, Kushwaha Colon, P.O.- Tarapur, P.S.- Tarapur, Distt- Munger. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Reena Kumari @ Reena Rani W/o Birendra Kumar @ Bitu, D/o Gorelal Singh, R/o Village- Purushottampur, Chaurgaon, P.S.- Asarganj, P.O.- Chaurgao, Distt- Munger.

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

For the Petitioner/s : Mr. Ram Sevak Choudhary For the Opposite Party/s : Mr. Sanjay Kr.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-06-2016 Heard learned counsels for the petitioner and the State. The petitioner being the mother of the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The basic accusation is of torture.

It is submitted by learned counsel for the petitioner that the accusation against the petitioner is omnibus and general and thrust of accusation is against the husband of the complainant. It appears that the learned Sessions Judge disposed of

Patna High Court Cr.Misc. No.20065 of 2016 (4) dt.28-06-2016 2/2 the anticipatory bail application of the petitioner in view of the ratio laid down in the case of Salim Ansare @ Md. Salim Ansare and Others Vs. The State of Bihar & Another reported in 2015

(3) PLJR, 806 (Cr. Misc. No. 51075 of 2014) since only the summons were issued.

Learned counsel for the petitioner does not controvert this fact that still only summons have been issued. In the circumstances, let the learned court below consider the prayer for regular bail of the petitioner in view of the abovesaid ratio if she surrenders within a period of six weeks in connection with Compliant Case No. 747C of 2014 pending in the court of learned SDJM, Munger.

Accordingly the application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U T