← Library
Patna High CourtCR. MISC./73615/2019allowed

Muniya Devi @ Muni Devi v. The State Of Bihar

2019-11-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73615 of 2019 Arising Out of PS. Case No.-46 Year-2018 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== MUNIYA DEVI @ MUNI DEVI W/o Rajdeo Yadav Resident of VillageBushunpur, P.S.- Gurua, District- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kamoda Devi W/o Ram Kishun Yadav Resident of Village- Bishunpur, P.S.- Gurua, District- Gaya.

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 323,504 and 379/34 of the IPC.

As per the complaint case the allegation agaisnt the petitioner is that she was marred with the petitioner no.1 in 1988 and after five years of the marriage her husband started beating her and ousted her from matrimonial house and after that he made second marriage with another women. She (informant) has one son out of the wedlock. She along with his son started living in another house but for the last two years the petitioners started beating her in the house. It was further alleged in the

Patna High Court CR. MISC. No.73615 of 2019(2) dt.21-11-2019 2/2 complaint petition that petitioner no.2 has taken her anklet worth Rs.2000/-. All the petitioners always beat her and threaten to kill her.

Learned counsel for the petitioner submits that petitioner is quite innocent and committed no offence and has no criminal antecedent. Learned counsel for the petitioner further submits that mainly allegation against the petitioner is of theft.

In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Sherghati, Gaya in connection with Complaint Case No.46/2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) Prakash Narayan /- U T