Laichi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76760 of 2019 Arising Out of PS. Case No.-2414 Year-2018 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== LAICHI DEVI Wife of Satendra Sah @ Satyendra Shah Resident of Village - Bakhraor Naoka Tola, Post Office - Kahla, P.S.- Barauli, District - Gopalganj. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Chanda Devi Wife of Umashankar Sah Daughter of Sri Asarfi Sah, Resident of Village - Hirnda, P.S.- Kuchaikote, District - Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner being mother-in-law of the victim is apprehending her arrest in Complaint Case no. 2414/2018 in which cognizance has been taken under sections 498A, 323 of the IPC and 3/ 4 of the D.P. Act.

Counsel for the petitioner submits that the petitioner has falsely been implicated in this case. The fact is that complainant's husband is earning his livelihood in the middle east (Kuwait). Petitioner is female and her false implication is based on extraneous consideration.

Petitioner as well as her husband before the court

Patna High Court CR. MISC. No.76760 of 2019(3) dt.06-03-2020 2/3 below had offered to maintain the complainant with honour and dignity in the matrimonial home. From the order of the court below dated 13.09.2019, it is obvious that the complainant is insisting that her husband be called for from Kuwait. Perusal of the FIR is further evident from the fact that no allegation whatsoever has been levelled against her husband. Learned A.P.P. opposes the prayer for anticipatory bail.

Considering the aforesaid submissions, prayer for anticipatory bail is allowed.

In the event of arrest/ surrender within four weeks from the date of receipt of a copy of the order in the court below, petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Gopalganj in Complaint Case no. 2414/2018 subject to the condition under section 438(2) Cr.P.C and other conditions.

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

Patna High Court CR. MISC. No.76760 of 2019(3) dt.06-03-2020 3/3

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, her bail will be liable to be cancelled.

(Madhuresh Prasad, J) s.hassan/- U T