Kusumi Devi @ Kusami Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26273 of 2024 Arising Out of PS. Case No.-84 Year-2023 Thana- KADWA District- Katihar ====================================================== Kusumi Devi @ Kusami Devi, Wife of Kedar Ray, R/o- Nandanpur, P.S.- Kadwa, Dist.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in connection with Kadwa P.S. Case No.84 of 2023 instituted under Sections 341, 323, 304B, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, after marriage of the daughter of informant, the husband of the victim (deceased) went away for earning, however, he tortured the victim on mobile. It is further alleged that mother-in-law (petitioner) and sister-in-law were not behaving properly with the victim and they had not made bidagari of the daughter of informant. The informant learnt that her daughter committed suicide in her matrimonial house.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.26273 of 2024(3) dt.05-07-2024 2/2 petitioner is innocent and has falsely been implicated in this case only because she is the mother-in-law of the deceased. The allegation against the petitioner is general and omnibus. He further submits that similarly situated co-accused has already been granted anticipatory bail by this Court vide order dated 20.05.2024 passed in Cr. Misc. No. 30441 of 2024. Petitioner has no criminal antecedent. Petitioner undertakes to cooperate in the investigation of this case.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Katihar in connection with Kadwa P.S. Case No.84 of 2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) khushbu/- U T