The Patna High Court granted bail to the petitioner, a second wife, in a case involving cruelty and bigamy charges, subject to furnishing a bond and two sureties within four weeks.
Petitioner released on bail with a bond of Rs. 10,000 and two sureties within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67229 of 2019
Arising Out of PS. Case No.-2554 Year-2014 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur
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PUJA DEVI D/o Arbind Mandal, W/o Munna Mandal Resident of VillageMusaisdpur, P.S.- Jagdishpur, District- Bhagalpur, at present resident of Village- Madani, P.S.- Rajaun, District- Banka.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dr. Manoj Kumar For the Opposite Party/s : Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 04-11-2019 Heard both sides.
The petitioner apprehends her arrest in Complaint Case No.2554 of 2014 registered under Sections 323, 504, 498A, 494, 120B and 307 of the Indian Penal Code.
The complainant alleged that after marriage, she went to her in-laws house after Durga Puja in the year 2012 but her husband and other in-laws subjected her to all sorts of torture but the complainant continued to live in in-laws’ house. The complainant gave birth to a male child on 01.02.2014 but her husband in collusion with others solemnised second marriage with Puja Devi(the petitioner).
Patna High Court CR. MISC. No.67229 of 2019(2) dt.04-11-2019 2/2
The learned counsel for the petitioner submits that petitioner is of course the second wife of the husband of the complainant but the petitioner was not knowing about the first marriage of Munna Mandal. Petitioner never tortured the complainant.
Taking into consideration the facts aforesaid and the nature of allegation made against the petitioner and the fact that petitioner is second wife of the husband of the complainant, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bhagalpur in connection with Complaint Case No.2554 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J)
Saurabh/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail given her apprehension of arrest in a criminal complaint case involving bigamy and cruelty.
PUJA DEVI
THE STATE OF BIHAR
Baby Devi
PRABHAT KUMAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
