Patna High CourtCR. MISC./59883/2017bail granted

Bibhuti Kumari @ Suddu @ Sadhu v. State Of Bihar And ANR

2017-12-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59883 of 2017 Arising Out of PS. Case No.-76 Year-2016 Thana- MAHILA PS District- Jamui ====================================================== Bibhuti Kumari @ Suddu @ Sadhu, Son of Ramchandra Singh, resident of Village- Mohanpur, P.S.- Dharhara, District- Munger. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Rani Kumari @ Rani Devi, Wife of Bibhuti Kumar @ Suddu, presently residing at Naya Tola, Bihari, Bombay Colony, P.S. Jamui and District- Jamui. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Kumar Singh, Adv.

For the State :

Mr. PREM KUMAR JHA, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-12-2017 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 323, 341, 498A, 494, 506/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. Allegation against the petitioner 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 case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque

Patna High Court Cr.Misc. No.59883 of 2017(2) dt.11-12-2017 2/2 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 learned Chief Judicial Magistrate, Jamui in connection with Jamui Mahila P.S. case No.76 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T