Sumitra Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25453 of 2022 Arising Out of PS. Case No.-292 Year-2021 Thana- DEEPNAGAR District- Nalanda ====================================================== SUMITRA DEVI W/O LATE SARYU SINGH Resident of Village - Painapur, P.s.- Deepnagar, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 302, 120(B) and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is mother-in-law of the deceased and is aged 75 years and the informant alleges that his sister (deceased) was married to Santosh in the year 2008 and out of the wedlock a child was born, it is further alleged that her husband died in the year 2018 and after his death, sister-in-law of the deceased tortured her for property. Further it is alleged that on 18.08.2021, Chanchala Devi informed that his sister has been killed along with his niece and the accused persons have locked the house from outside, further alleges that when he reached the place of occurrence, he saw the

Patna High Court CR. MISC. No.25453 of 2022(2) dt.14-11-2022 2/2 dead body of his sister and niece.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the present case, it is next submitted that allegation of torture is general and omnibus in nature, petitioner is mother-inlaw of the deceased and no specific allegation has been alleged against her.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that the husband of the deceased had died in the year 2018 and she was staying in her matrimonial home along with the petitioner, it is next submitted that both mother and daughter ended their life and it has been alleged that the house was locked from outside. Call for a legible carbon/photostat copy of the case diary of Deepnagar P.S. Case No. 292 of 2021 along with postmortem report of the deceased from the court of learned Chief Judicial Magistrate, Nalanda at Biharsharif.

Put up this case on 21.12.2022.

In the meantime, let there be no coercive step against the petitioner until the matter is finally adjudicated and disposed of by this Court.

(Satyavrat Verma, J) Rishi/- U T