Sumanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8222 of 2022 Arising Out of PS. Case No.-76 Year-2021 Thana- MAKHDUMPUR District- Jehanabad ====================================================== SUMANTI DEVI W/o Late Tuntun Yadav, Resident of Village - Santu Bigha, P.s.- Makhdumpur, Distt.- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Sinha For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends her arrest in connection with Makhdumpur P.S. Case No. 76 of 2021 registered for offence punishable under section 304B/34 of the Indian Penal Code.

The informant is mother of deceased Punam Kumari. As per allegation, the marriage of Punam Kumari was solemnized with Abhishek Kumar three years before. On 24.02.021, the informant got an information that her daughter

Patna High Court CR. MISC. No.8222 of 2022(2) dt.30-08-2022 2/3 was not well. Soon thereafter, she received another information that her daughter had died due to snake bite. She rushed to the matrimonial house of her daughter where she found her dead body and the froth was coming out of her mouth. It is alleged that the husband and in-laws had subjected the deceased to cruelty for non-fulfillment of a motorcycle. The informant expressed her firm belief that the accused persons, including the present petitioner, strangulated to death her daughter Punam Kumari.

The learned counsel for the petitioner has submitted that petitioner is mother-in-law of the deceased. As a matter of fact, the deceased died due to snake bite and the petitioner has falsely been implicated in this case. He has also submitted that the husband of the deceased Abhishek Kumar has been granted regular bail.

On the other hand, the learned APP has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, in my view, it is not a fit case for anticipatory bail.

The petitioner is directed to surrender before the court below and make a prayer for regular bail. The learned court

Patna High Court CR. MISC. No.8222 of 2022(2) dt.30-08-2022 3/3 below shall dispose of the regular bail petition of the petitioner without being prejudiced by this order and the learned court below may also take notice of the fact that the husband of the deceased has been granted regular bail after surrender. With these observations, this criminal miscellaneous petition is being disposed of.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T