Sangita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22101 of 2023 Arising Out of PS. Case No.-61 Year-2022 Thana- TEYAR District- Bhojpur ====================================================== SANGITA DEVI W/O RAMJEE PASWAN R/O VILAGE- KAMARIAON, P.S.- TIYAR, DISTRICT- BHOJPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Zakia Ozair, Advocate Md. Naushad, Advocate For the State :
Md. Ataur Rahman, APP For the Informant : Mr. Jitendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-05-2023
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Tiyar P.S. Case no.61 of 2022 registered under sections 306 and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant states that the marriage of his grand daughter was fixed but Aditya Kumar did not agree to honour the marriage. It is further stated that the said Aditya Kumar started to trouble the informant's grand daughter stating that he would not permit her to get married anywhere and that he would shoot her. She was mentally disturbed as a result of torture being meted out. On her going to ease herself, it is stated that the said Aditya Kumar
Patna High Court CR. MISC. No.22101 of 2023(2) dt.17-05-2023 2/3 used to take photographs and threatened that he would make the same viral. On her marriage being fixed, it is stated that Aditya Kumar narrated incorrect facts to the boy who was to get married to the informant's grand daughter. As a result of all this, it is stated that she went under depression and on her going with her mother to Aditya Kumar's place to complain against his actions, it is stated that the girl as also her mother were assaulted by the father, mother and brother of Aditya Kumar.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case only on account of her being the mother of Aditya Kumar. No overt act has been alleged against her. From reading of the F.I.R., it would transpire that the main allegation is against Aditya Kumar. The petitioner, who is a lady, is in custody for four months since 8.1.2023 and chargesheet has been submitted in the case.
5. The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that not only the petitioner is named in the F.I.R. but has played an active role leading to the grand daughter of the informant committing suicide. She had a role in cancelling the marriage of the girl and
Patna High Court CR. MISC. No.22101 of 2023(2) dt.17-05-2023 3/3 also no steps were taken by her in checking Aditya Kumar of his misdeeds as stated herein above.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R., the main allegation being against coaccused son of the petitioner herein namely Aditya Kumar, the petitioner being in custody since 8.1.2023 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Tiyar P.S. Case no.61 of 2022 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Bhojpur, Ara.
(Partha Sarthy, J) Saurabh/- U T