Sumitra Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27365 of 2024 Arising Out of PS. Case No.-361 Year-2023 Thana- NASRIGANJ District- Rohtas ====================================================== Sumitra Devi WIFE OF BRIJNANDAN SINGH RESIDENT OF VILLAGEBARADIH, PS- NASRIGANJ, DIST- ROHTAS ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Kant Pandey, Advocate For the Opposite Party/s :
Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Sections 302, 34 of the IPC in connection with Nasriganj P.S. Case No.361 of 2023.
3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant. It is next submitted that the informant alleges that his sister (deceased) was married to Pawan in the year 2016 and out of the wedlock two children were born. Further on 14.12.2023 informant got an information about the death of his sister, accordingly, it is alleged that the FIR named accused persons including the petitioner strangulated his sister to death when she was
Patna High Court CR. MISC. No.27365 of 2024(4) dt.30-08-2024 2/3 pregnant.
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case being mother-in-law of the deceased. It is also submitted informant is not an eyewitness to the occurrence and the entire allegation hinges around suspicion. It is next submitted that husband of the deceased died in a rail accident on 16.11.2023, as such the victim was under depression and committed suicide.
5. It is next submitted that it absolutely does not stand to reason that on what basis the informant alleges that the accused persons including the petitioner were involved in the occurrence. It is further submitted that even the postmortem report record that death was due to asphyxia on account of hanging. It is next submitted that the marriage was more than seven years old and no case ever came to be instituted by the deceased alleging torture at the hands of the petitioner and other accused persons. It is also submitted that petitioner is taking care of the children of her son.
6. The learned APP opposes the anticipatory bail application.
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the
Patna High Court CR. MISC. No.27365 of 2024(4) dt.30-08-2024 3/3 event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his 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 S.D.J.M., Bikramganj in connection with Nasriganj P.S. Case No.361 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