Poonam Singh @ Poonam Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1629 of 2020 Arising Out of PS. Case No.-229 Year-2019 Thana- BARHARA KOTHI District- Purnia ====================================================== Poonam Singh @ Poonam Kumari, W/o - Uday Kumar Singh Resident of Village- Bhurkunda, P.S.- Bhawanipur, Distt- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-02-2020 Heard Mr. Ram Prawesh Kumar, learned counsel for the petitioner, Mr. Neeraj Singh, learned counsel for the informant and Mr. J.N. Thakur, learned APP for the State. The petitioner, being the married sister of the husband of the victim, is apprehending her arrest in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.

The prosecution case as per the written report of Vijay Kumar Singh submitted to the Station House Officer of Barhara Police Station is to the effect that the daughter of the informant, Annu Kumari was married with Sriram Singh about two years prior to the lodging of the case, but subsequent to the marriage, further dowry demand of land, gold and money were made but due to non-fulfillment of the same, the daughter of the informant was tortured at the hands of accused persons.

Patna High Court CR. MISC. No.1629 of 2020(2) dt.25-02-2020 2/3 Thereafter, the informant gave 72 gms gold jewellery and he also transferred 4 1⁄2 bigha land in the name of his daughter but thereafter the accused persons started pressurizing the victim to transfer the land in the name of her husband, Sriram Singh. It is alleged that on 30.10.2019, all the accused persons brutally assaulted the victim and killed her.

It is submitted by learned counsel for the petitioner that the accusation is omnibus and general against the petitioner and thrust of accusation is against the husband of the victim. It is further submitted that the accusation of assault is not being corroborated by the medical opinion, as the postmortem report suggests that the cause of death is asphyxia, as a result of throttling.

Learned counsel for the informant submits that the petitioner was actively involved in killing of the daughter of the informant.

Considering the fact that the thrust of accusation is against the husband of the victim and accusation of brutal assault not being corroborated by the medical opinion, coupled with the fact that the petitioner is a lady, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of

Patna High Court CR. MISC. No.1629 of 2020(2) dt.25-02-2020 3/3 twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea. in connection with Barhara P.S. Case No. 229 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T