Neha Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9272 of 2019 Arising Out of PS. Case No.-98 Year-2018 Thana- CHIKSAUR District- Nalanda ====================================================== Neha Kumari, aged about 20 years (Female), D/o of Chaneshwar Gop, Resident of village- Fulwariya, P.S.-Chiksaura, District-Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar For the Opposite Party/s :
Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2019 Heard learned counsels for the petitioner and the State.
The petitioner, being the unmarried sister of the husband of the victim is apprehending arrest in a case registered for the offences punishable under Sections 304B, 328, 201 and 120B of the IPC.
The prosecution case, as per the written report of Vidynand Kumar, dated 20.09.2018, submitted to the Station House Officer, Chiksaura Police Station, is to the effect that the sister of the informant was married with Sudhir Gop in July, 2017, but subsequent to the marriage, due to non-fulfillment of the further dowry demand of a gold chain and other articles, torture was inflicted upon the victim by the petitioner and other in-laws family members. It is further alleged that earlier also, all the
Patna High Court Cr.Misc. No.9272 of 2019(2) dt.18-02-2019 2/3 accused persons made an attempt to kill the informant by poisoning. On 14.09.2018, the informant took his sister to his house, but on 20.09.2018, all the accused persons killed the sister of the informant by poisoning and concealed her dead body.
It is submitted by learned counsel for the petitioner that the thrust of accusation is against the husband of the sister of the informant. The accusation against the petitioner is omnibus and general. It is further submitted that admittedly, the victim died at the house of the informant. Moreover, similarly situated coaccused persons, who are the maternal uncles of the husband of the victim, have been granted privilege of anticipatory bail by a co-ordinate Bench of this Court vide order dated 05.12.2018, passed in Cr. Misc. No. 72556 of 2018.
Learned APP submits that the petitioner is named in FIR. Considering the accusation against the petitioner being omnibus and general, the petitioner being an unmarried girl and the thrust of accusation being against the husband of the victim, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the
Patna High Court Cr.Misc. No.9272 of 2019(2) dt.18-02-2019 3/3 learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Chiksaura P.S. Case No. 98 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T