Saloni Kumari @ Kajal Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13381 of 2024 Arising Out of PS. Case No.-4 Year-2023 Thana- DESARI District- Vaishali ====================================================== Saloni Kumari @ Kajal Kumari D/o Late Bhola Singh R/o Ward No. 11, Village- Panapur Raghunath, Tayabpur, P.S.- Desari, District- Vaishali, PIN844506 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sameer Kumar, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-03-2024

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 304(B)/34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner being unmarried sister-in-law of the deceased has been falsely implicated in the present case by the informant. It is further submitted that the informant alleges that her daughter was married to the brother of this petitioner who is a constable in the CRPF. It is alleged that after marriage the accused persons including the petitioner started demanding dowry and on nonfulfillment of the same the victim was tortured both physically and mentally. It is further alleged that on 02.01.2023, the son-in-

Patna High Court CR. MISC. No.13381 of 2024(2) dt.13-03-2024 2/3 law of the informant called her and informed about the ill health of the victim and asked her to come to see her. It is next alleged that about few days ago the informant had a talk with the victim when she sounded hale and hearty but when she reached the place of occurrence on information given by her son-in-law she found the dead body of her daughter in the house.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the allegation against the petitioner of demand of dowry and torture is general, omnibus and ornamental in nature. It is next submitted that it was the brother of the petitioner who had informed the informant about the ill health of the deceased based on which she had come to the place of occurrence. It is also submitted that had the petitioner or the family members been involved in killing of the deceased in that event no information would have been provided to the informant rather efforts would have been made to dispose of the dead body. It is submitted that petitioner is a yong and unmarried girl and if she is sent to judicial custody in the nature of allegation as alleged that would be a travesty of justice.

5. Learned A.P.P. for the State opposes the prayer for

Patna High Court CR. MISC. No.13381 of 2024(2) dt.13-03-2024 3/3 anticipatory bail of the petitioner.

6. 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 Court below 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 court below where the case is pending/successor court in connection with Desari P.S. Case No. 04 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T