Gulabi @ Gulabi Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6260 of 2023 Arising Out of PS. Case No.-110 Year-2015 Thana- DEHRI TOWN District- Rohtas ====================================================== Gulabi @ Gulabi Khatoon W/O Aftab Alam R/O Village- Gad Siswaniya, P.S.- Palanwa, Distt- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Adya Singh For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending her arrest in a case registered for the offence punishable under Section 306 of the Indian Penal Code.

As per FIR, brother of the informant and his wife, son and daughter has committed suicide by taking poison. Learned counsel for the petitioner submits that the petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that one suicide note of deceased Santosh Kumar has been found in which the name of the petitioner has been mentioned as purchaser of the house and his mobile number has been mentioned. He submits that except the suicide note, there is no cogent material has been collected

Patna High Court CR. MISC. No.6260 of 2023(5) dt.22-06-2023 2/2 against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail and submits that from the suicide note, it is evident that there is prima facie complicity of the petitioner in the alleged commission of offences.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, her prayer for anticipatory bail is rejected in connection with Dehri Nagar P.S. Case No. 110 of 2015. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order considering the fact that the petitioner is the lady. (Anjani Kumar Sharan, J) devendra/- U T