Rani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4224 of 2018 Arising Out of PS.Case No. -398 Year- 2017 Thana -JAYNAGAR District- MADHUBANI ====================================================== Rani Devi, D/o Santosh Mahto, resident of Village- Bisfi Gola, P.S.- Bisfi, P.O.- Bisfi, District- Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Jitendra Kumar Bharti, Advocate.

For the Opposite Party : Mr. Umeshnand Pandit, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-02-2018 Heard the learned counsels for the petitioner and the State.

The petitioner seeks bail in anticipation of her arrest in connection with Jay Nagar P.S. Case No. 398 of 2017 dated 21.11.2017 instituted for the offences under Sections 498(A), 494 and 495 of the Indian Penal Code.

The petitioner is the second wife of the husband of the informant.

It has been alleged in the FIR by the informant that she was married to one Dharmnath Chaudhary in the year 2008, but their relationship was not cordial. However, a settlement was been arrived at between the spouses but thereafter, stealthily, aforesaid Dharmnath Chaudhary contracted marriage with the

Patna High Court Cr.Misc. No.4224 of 2018 (2) dt.01-02-2018 petitioner.

Apart from the aforesaid fact, there is no other allegation as against the petitioner of having tortured or troubled the informant of this case.

Though, no effort has been made by the learned counsel for the petitioner to demonstrate that the allegation of her being married to Dharmnath Chaudhary is incorrect, but considering the nature of allegation and taking into account that the petitioner is a lady, this Court is inclined to grant anticipatory bail to her.

Let the petitioner above named is directed to be released, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Madhubani in connection with Jay Nagar P.S. Case No. 398 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) KKSINHA/- U T