Soni Singh @ Soni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17210 of 2024 Arising Out of PS. Case No.-544 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== 1.
Soni Singh @ Soni Devi W/o Pintu Singh @ Pintu Kumar Singh 2.
Kusum Devi W/o Pawan Kumar Singh @ Pawan Singh Both R/o vill - Basantpur, P.S. - Ara Mufassil (Dhobha O.P.), Distt. - Bhojpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Urmila Kuer W/o Late Rajesh Singh R/o vill - Bhel Dumra, P.O. - Barka Dumra, P.S. - Ara Mufassil, Distt. - Bhojpur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bibhakar Tiwary, Advocate For the Opposite Party/s :
Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-03-2024
1. Heard learned counsel for the petitioners as well as learned APP for the State.
2. The petitioners seek bail in anticipation of her arrest in a case registered for the offences punishable under Sections 306/34 of the Indian Penal Code
3. The learned counsel for the petitioners submit that petitioners are person with clean antecedent and are women and have been falsely implicated in the instant case by the informant based on suspicion.
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4. It is further submitted that petitioner no.2 is daughter of the informant and petitioner no.1 is sister-in-law (Gotani of the petitioner no.2). It is further submitted that younger daughter of the informant was residing with her maternal grand parents and on 24.12.2023 the informant received a telephonic information that her minor daughter who was residing with her maternal grand parents had committed suicide, accordingly she went to the place of occurrence and found the dead body of her daughter. Thus based on suspicion alleges that the accused persons including the petitioners were involved in the occurrence based on which the victim committed suicide. It is further alleged that the accused persons were pressurizing the deceased to marry Pintu Kumar Singh who is husband of petitioner no.1.
5. The learned counsel submits that petitioners have been falsely implicated in the present case based on suspicion. It is further submitted that the informant does not disclose that the victim prior to committing suicide ever communicated to her that she was being pressurized by the accused persons for marrying Pintu Kumar Singh. It is also submitted that no wife would pressurize another women to marry her own husband. It is next submitted that even own daughter of the informant who
3/4 is petitioner no.2 is alleged to have participated in the occurrence, who is wife of Pawan Kumar Singh who is brother of Pintu Singh. It is further submitted that it absolutely does not stand to reason that the petitioner no.2 would have pressurized his young unmarried sister aged about 17 years to marry her elder brother-in-law. The learned counsel thus at the cost of repetition submits that had the deceased been pressurized by the accused persons for marrying Pintu Kumar Singh, in that event the deceased would have informed the informant, but then the FIR does not even remotely discloses that the deceased prior to the occurrence ever communicated to the informant about her agony, if any, which led her to commit suicide. It is further submitted that the informant has implicated her family members based on suspicion, it is next submitted that Cr. Misc. No.17351 of 2024, has been filed by other family members of the informant, seeking anticipatory bail.
6. The learned APP opposes the anticipatory bail application.
7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail
4/4 on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate,VII, Bhojpur at Ara in connection with Ara Mufassil P.S. Case No.544 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
8. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T