Patna High CourtCR. MISC./45404/2017bail granted

Asha Devi v. State Of Bihar And ANR

2017-09-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45404 of 2017 Arising Out of PS. Case No.-42 Year-2017 Thana- MAHILA P.S. District- Madhepura ====================================================== Asha Devi w/o Prince Kumar, R/o village Belahi, P.S. Bihra, District Saharsa ... ... Petitioner/s

Versus

1. State Of Bihar

2. Rambha Devi w/o Prince Kumar, D/o Kamleshwari Yadav, permanent resident of village Belahi, P.S. Bihra, District Saharsa, at present residing in village Bhagwani, P.S. Ghailad, District Madhepura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiva Shankar Sharma, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the Opposite Party No.2. The petitioner is apprehending her arrest in a case registered under Sections 341, 323, 307, 316, 498A, 494/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. Allegation against the accused persons is of committing torture upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner has relied upon the judgment of this Court in the case

Patna High Court Cr.Misc. No.45404 of 2017(2) dt.15-09-2017 2/2 of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State and learned counsel for the Opposite Party No.2, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Madhepura in connection with Madhepura (Mahila) P.S. case No.42 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T