Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11077 of 2018 Arising Out of PS. Case No.-103 Year-2017 Thana- SHRIKRISHNAPURI District- Patna ====================================================== Sunita Devi, wife of Late Dharamveer Prasad, D/o Kapur Chand Prasad, resident of village Balwapar, P.S. Asthawan, District-Nalanda. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Amresh Kumar Sinha For the Opposite Party/s :

Mr. RAM SUMIRAN ROY ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-02-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Sri Krishnapuri P.S. Case no. 103 of 2017, registered under Section 306 of the Indian Penal Code.

The accusation is that Dharamveer Prasad, son of informant Shyam Bihari Prasad used to reside separate from the family and due to pressure of his wife (petitioner) and other in-laws, for transfer the land in the name of the petitioner Dharamveer Prasad was in mental agony and lastly he committed suicide on 18.04.2017 in the morning at about 9.30 P.M. leaving with a suicidal note detailing all the facts. Learned counsel for the petitioner submits that, in

Patna High Court Cr.Misc. No.11077 of 2018(2) dt.26-02-2018 2/3 fact, due to ill treatment of the informant, Dharamveer Prasad, husband of the petitioner used to reside separate and she was also being mentally harassed by the informant and others and due to that reasons, Dharamveer Prasad committed suicide, but with ulterior motive the informant lodged the present case showing the fake suicidal note of her husband. Further submission is that earlier deceased Dharmveer Prasad and this petitioner entered into agreement for settlement of dispute, which would appear from Page 17 on which deceased put his signature, but that signature is not tally with the signature as alleged to be put by the deceased on suicidal note.

Further submission is that co-accused Sulekha Devi and Kapur Chand Prasad, mother and father of the petitioner have already been allowed privilege of pre-arrest bail by a co-ordinate Bench of this Court on 09.01.2018 passed in Criminal Miscellaneous No. 56703 of 2017. The petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M.

Patna High Court Cr.Misc. No.11077 of 2018(2) dt.26-02-2018 3/3 connection with Sri Krishnapuri P.S. Case No. 103 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T