Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38498 of 2015 Arising Out of PS.Case No. -122 Year- 2013 Thana -EKMA District- SARAN ====================================================== Sunita Devi D/o Hardeo Ram .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-09-2015 Heard learned counsels for the petitioner and the State. The petitioner being the wife of the victim is apprehending arrest in a case registered for the offences punishable under Section 304B/34 of the Indian Penal Code. The prosecution case is that on telephonic information given by her daughter namely, Minta Devi regarding illness of her son namely, Munna Ram while the informant was going to in-laws house of her son, on the way, he came to know that her son is being treated in the clinic of Dr. Om Prakash Singh, where her son narrated that he was being assaulted on 25.09.2013 by his in-laws family for money disputes and, thereafter he took shelter in her sister's house but due to night he was not being taken to the doctor on 25.09.2013, the doctor after giving some medicine advised him to go home.

It is further alleged that son of the

Patna High Court Cr.Misc. No.38498 of 2015 (2) dt.24-09-2015 2/2 informant succumbed to his injuries on 26.09.2013. It is submitted by learned counsel for the petitioner that only on suspicion, the accusation has been levelled. For the occurrence of 25.09.2013, the FIR was registered on 27.09.2013. The petitioner is the wife of the victim and considering the suspicious nature of accusation, the co-accused have been granted anticipatory bail vide Criminal Miscellaneous Nos. 19272 of 2014 and 51101 of 2014.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Saran at Chapra in connection with Ekma P.S. Case No.122 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T