Sonali Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9715 of 2025 Arising Out of PS. Case No.-110 Year-2024 Thana- SHRI NAGAR District- Madhepura ====================================================== SONALI KUMARI S/O LATE SUMIT MISHRA R/O VILLAGE- SIRNIA, PS-GOGARI, DISTRICT- KHAGARIA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra For the Opposite Party/s :
Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending her arrest in Srinagar P.S. Case No. 110 of 2024 registered under Sections 108, 3(5) of of B.N.S. of 2023.
3. The informant is father of the deceased. He makes allegation that on 27-08-2024, he got a telephonic information that his son Sumit Kumar Mishra has committed suicide. Thereafter, he went there and the dead body was sent for postmortem. The informant has stated further that suicidal note was recovered beside the dead body, which is mentioned in paragraph-125 of the case diary, in which the deceased disclosed that the petitioner who is his wife tortured him mentally.
Patna High Court CR. MISC. No.9715 of 2025(4) dt.16-09-2025 2/3
4. It has been submitted on behalf of the petitioner that except the suicidal note, which is said to have been recovered on 27-08-2024, there is nothing against the petitioner. There is no material on record showing that there was any previous case by or against the petitioner. Even if, the recitals of suicidal notes are assumed to be true, then also, only recitals are not enough for abetting the deceased for commission of suicide.
5. On the otherhand, learned counsel for the informant has opposed the prayer for anticipatory bail by submitting that due to coercion inflicted by the petitioner, her husband committed suicide.
6. Paragraph-125 of the case diary which contains the suicidal note, does not transpire anything describing the manner showing infliction of atrocities or mental cruelty against the deceased. It has not been mentioned in that suicidal note as to how and in what manner, the petitioner was inflicting mental atrocity on the deceased.
7. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of four weeks, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.9715 of 2025(4) dt.16-09-2025 3/3 each to the satisfaction of learned Sub Divisional Judicial Magistrate, Madhepura in connection with Srinagar P.S. Case No. 110 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Nawneet Kumar Pandey, J) A.K.V.//- U T