Neha Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28538 of 2024 Arising Out of PS. Case No.-293 Year-2023 Thana- KALYANPUR District- Samastipur ====================================================== Neha Kumari Wife of Late Awadhesh Kumar, D/o Sohan Singh @ Sohan Kasturilal Singh R/o Village- Bhagirathpur P.O.- Navrang, DistrictSamastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raja Ram Mishra, Adv.
For the Opposite Party/s :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-07-2024 Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner apprehends her arrest in connection with Kalyanpur P.S. Case No. 293 of 2023 registered under Sections 302 and 34 of the Indian Penal Code.
3. As per prosecution case, the marriage of the son of informant was solemnized with this petitioner in year 20142015, and after some days of the marriage, she used to talk on mobile with someone to which son of informant protested. Thereafter, this petitioner on 25.09.2023 after taking cash of Rs. 2,50,000/-, ornaments and cloth went to her paternal house and when the son of the informant went to her house to pacify the matter, then this petitioner with the help of her boyfriend
Patna High Court CR. MISC. No.28538 of 2024(3) dt.30-07-2024 2/3 committed murder of the informant's son by pressing his neck. It is further alleged that grand son of informant is also traceless from the date of occurrence.
4. Submission of learned counsel for the petitioner is that informant is not the eye witness of the case and merely on suspicion petitioner has been made accused in this case. As a matter of fact, mother-in-law and father-in-law of the petitioner always demanded cash of Rs. 1 lakh and due to non-fulfillment of the same, both of them tortured the petitioner and later on she was ousted from her matrimonial house, and due to dowry demand petitioner was not ready to live in her sasural and that is why her husband committed suicide.
5. Learned A.P.P. appearing on behalf of the State opposed the prayer for bail and submits that there is specific allegation against the petitioner that she along with her lover committed murder of the deceased (her husband) by pressing his neck. During course of investigation, it has come that this petitioner was in regular touch with co-accused Raju Kumar which is apparent from the C.D.R. of mobile of petitioner. Further the doctor who did autopsy over the dead body has found cause of death due to strangulation by ligature resulting Asphyxia which corroborates the inquest report. Hence, petitioner does not
Patna High Court CR. MISC. No.28538 of 2024(3) dt.30-07-2024 3/3 deserve the privilege of anticipatory bail.
6. Having considered the nature of the accusation and the gravity of offence, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for bail of the petitioner is rejected.
(Prabhat Kumar Singh, J) utkarsh/- U T