Indu Sinha v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16263 of 2019 Arising Out of PS. Case No.-519 Year-2013 Thana- Patna Complaint Case District- Patna ====================================================== Indu Sinha, aged about 45 years (Female), wife of Krishna Kumar Datta, Resident of Village - Manohar Bigha, Telhara, P.S.- Telhara, Distt.- Nalanda, At Present Mohalla- Chitragupta Nagar, Near Munna Chauk, P.S.- Patrakar Nagar, Distt.- Patna.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Ramdeo Prasad, aged about 57 years (Male), son of Late Gangeshwari Prasad Sharma, Resident of Village-Mangla Sthan, Ramchandrapur, P.S.- Biharsharif, Distt.- Nalanda.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Kanhayia Pd. Singh, Sr. Advocate Mr. Shiv Kumar Dwivedi, Advocate For the Opposite Party/s :

Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Complaint Case No.519 of 2013, filed by the complainant/informant by way of protest-cum- complaint petition in Alamganj P.S. Case No.142 of 2011, registered for the offence punishable under Section 306/34 of the Indian Penal Code.

Earlier, this case has some story in the manner that an F.I.R. was lodged as Alamganj P.S. Case No.142 of 2011, in which allegation has been made that the son of the informant

Patna High Court CR. MISC. No.16263 of 2019(2) dt.25-03-2019 2/3 was kidnapped and there is a demand of Rs.10,00,000/- for release of his son, later on, a phone call was received from the Police Station that son of the informant has sunk in Ganga river. The Police investigated the matter and found that it is a mistake of fact and in that case the petitioner has moved before this Court for bail in Criminal Miscellaneous No.23123 of 2011, this Court vide order dated 29.07.2011 granted bail to the petitioner. After submission of Final Form, a protest-cum-complaint petition was filed by the complainant, namely, Ramdeo Prasad, making allegation against the petitioner to be instrumental in killing his son.

It has been brought to the notice of this Court that earlier the deceased had lodged a case against his parent, wherein allegation has been made that deceased had entered into the marriage with Neha Sinha and they had living a very good life, but his parents were not satisfied with the articles received from his Sasural, so they started torturing his wife, but no formal case has been instituted.

As it appears that earlier the petitioner has been granted bail in connection with same incident and the Police has submitted the Final Form, let the petitioner, namely, Indu Sinha, be released on anticipatory bail in the event of her arrest or

Patna High Court CR. MISC. No.16263 of 2019(2) dt.25-03-2019 3/3 surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Patna City, Patna, in connection with Complaint case no.519 of 2013 filed by the complainant by way of protest-cum- complaint petition in Alamganj P.S. Case No.142 of 2011, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioner for the purposes of investigation and interrogation, she will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.

(Shivaji Pandey, J) pawan/- U T