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Patna High CourtCR. MISC./48216/2018bail granted

Gyanti Devi v. State Of Bihar And ANR

2018-08-07Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48216 of 2018 Arising Out of PS.Case No. -3848 Year- 2012 Thana -SARAN COMPLAINT CASE DistrictSARAN ====================================================== Gyanti Devi, W/o late Ram Bihari Singh, Resident of Village-Harpur Kotwa, P.S. Hasanpura, District- Siwan.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Sharda Devi, Wife of Yaswant Singh @ Hunna Singh, Resident of Village-Harpur Kotwa, P.S. Hasanpura, District- Siwan. At Present Village- Tajpur Pulwariya, P.S. Manjhi, District- Saran. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Mukesh Kumar Singh, Advocate. For the State : Mr. Anish Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-08-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending her arrest in a case for the offence registered under Section 498(A) of the IPC. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present

Patna High Court Cr.Misc. No.48216 of 2018 (2) dt.07-08-2018 2/2 case due to petty family dispute. The petitioner is in-laws of the victim. She is separate in mess and property from the husband of the victim. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned S.D.J.M. Saran, Chapra, in connection with Complaint Case No. 3848 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T