Suman Devi @ Suma Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9936 of 2024 Arising Out of PS. Case No.-294 Year-2023 Thana- KATORIYA District- Banka ====================================================== Suman Devi @ Suma Devi W/o Madan Yadav R/o vill - Mohpatta, P.s. - Katoriya, Distt. - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Nurul Hoda For the Opposite Party/s :

Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman.

4. The informant alleges that on 26.07.2023 while his wife was grazing the cattles in the field when on account of some dispute, the accused persons including the petitioner came and assaulted his wife by fist and foot causing injury in her stomach and chest thereafter she was treated by a local doctor where she died during the course of treatment on 13.08.2023.

5. Learned counsel for the petitioner next submits that

Patna High Court CR. MISC. No.9936 of 2024(2) dt.27-02-2024 2/3 the date of occurrence is 26.07.2023 and the FIR has been instituted on 14.08.2023 i.e. after a delay of nearly more than 18 days without any plausible explanation. It is next submitted that if what has been alleged in the FIR is true in that event the deceased would have been admitted in a hospital either government or private but then the informant alleges that she was under treatment of a local doctor where she died during the course of treatment but then the police was also not informed which casts an aspersion on the case of the prosecution. It is also submitted that the allegation is general and omnibus in nature and the informant is not an eye witness to the occurrence nor in the FIR he alleges that his wife had disclosed about the occurrence.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case

Patna High Court CR. MISC. No.9936 of 2024(2) dt.27-02-2024 3/3 is pending/successor court in connection with Katoriya P.S. Case No. 294 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T