Mili Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23922 of 2022 Arising Out of PS. Case No.-778 Year-2021 Thana- SAHARSA SADAR District- Saharsa ====================================================== Mili Kumari S/O Santoshanand Jha @ Tuntun Jha R/o village- Mohanpur, P.S.- Simari Bakhtiyarpur, Balba Ghat O.P., District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhaneshwar Prasad Gupta For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-12-2022 Heard learned counsel for the petitioner, informant and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under Sections 306/34 of Indian Penal Code.

As per prosecution case, this petitioner along with other accused persons and 3-4 unknown persons assaulted the son of the informant. During treatment this petitioner was present with him. It is further alleged that in the intervening night of 21.06.2021 all the accused persons mentally harassed and threatened son of the informant on phone due to which he committed suicide by shooting himself.

It is submitted that there is no allegation of active or any direct act leading the deceased to commit suicide. F.I.R has been lodged after four months of the alleged occurrence which itself creates doubt about the prosecution story. Petitioner has got clean antecedent.

Patna High Court CR. MISC. No.23922 of 2022(4) dt.14-12-2022 2/2 Learned counsel for the informant vehemently opposes the prayer for bail application submitting that deceased was in love with this petitioner and because of the harassment meted out to the deceased by the petitioner he committed suicide.

Considering the facts and circumstances, delay in lodging the F.I.R. and materials on record, let the above named petitioner in the event of her arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in Saharsa Sadar P. S. Case No. 778 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T