Puja Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17725 of 2019 Arising Out of PS. Case No.-415 Year-2018 Thana- PATNA GRP CASE District- Patna ====================================================== 1.

PUJA KUMARI Wife of Late Santosh Kumar Resident of Arya Samaj Road, Hilsa, P.S.- Hilsa, District- Nalanda.

2.

Devanti Devi Wife of Dinesh Lal Rajak Resident of Village- Saraiya, P.O.- Marachi, P.S.- Punpun, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rama Kant Sharma, Sr. Adv.

Mr.Lakshmi Kant Sharma, Adv.

For the Opposite Party/s :

Mr.Satyavrat Verma, APP For the informant :

Mr. Sanjay Kr. Tiwari, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-07-2019 The petitioners apprehend their arrest in connection with GRP Patna Junction (Rajendra Nagar Junction) P.S. Case No. 415 of 2018 registered under Sections 306/34 of the Indian Penal Code.

Allegation against the petitioners is that petitioner no. 1 is wife and petitioner no. 2 is mother-in-law of the deceased alleging abetment in committing suicide by her son. Mr. Ramakant Sharma, learned senior counsel appearing on behalf of the petitioners submits that admittedly petitioner has committed suicide or has met with an accident near in between Rajendra Nagar Junction and Patna Junction on 07.11.2018 and after performing last rites and Shradhkarm, after

Patna High Court CR. MISC. No.17725 of 2019(3) dt.16-07-2019 2/3 lapse of about 15 days, the present FIR under Sections 306/34 of Indian Penal Code has been lodged against the petitioners allegedly on the basis of suicidal note discovered by the informant.

On the other hand, Mr. Sanjay Kumar Tiwari, learned counsel appearing on behalf of the informant submits that wife , who is petitioner no. 1, and mother-in-law, who is petitioner no. 2, used to always pressurise the deceased and due to that the deceased had no option but to commit suicide as would be evident from the suicidal note.

After having heard learned counsel for the parties and taking into consideration the fact that suicidal note was not found at the spot where deceased had committed suicide and after cremation and everything was over i.e., after 15 days suicidal note has been detected and present FIR has been lodged on the basis of suicidal note, therefore, I am inclined to grant anticipatory bail to the petitioners.

Let petitioners, above named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.17725 of 2019(3) dt.16-07-2019 3/3 ACJM, Railway, Patna in connection with GRP Patna Junction (Rajendra Nagar Junction) P.S.Case No. 415 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T