Kavita Kumari @ Kabita Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26545 of 2023 Arising Out of PS. Case No.-792 Year-2022 Thana- GAURICHAK District- Patna ====================================================== KAVITA KUMARI @ KABITA KUMARI W/O LATE PAPPU KUMAR Resident of Village - Bali, P.S. - Gaurichak, District - Patna. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Mohan, Advocate For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-02-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 302, 379 and 506 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner, being the wife, has been falsely implicated in the present case by the informant who is mother of the deceased. It is further submitted that son of the informant was married to the petitioner and out of the wedlock a child was born but then it is alleged in the FIR that the petitioner was not interested in marrying the deceased and when the Barat of the deceased reached the house of the petitioner, the Barat had to return as the petitioner refused to marry but thereafter on pressure of her parents, the petitioner married the deceased but even after
Patna High Court CR. MISC. No.26545 of 2023(6) dt.26-02-2024 2/3 marriage she was not happy staying with the deceased. It is further alleged that out of the wedlock a child was born and when the petitioner got an opportunity she killed the deceased and fled away with the jewellery and the child.
4. Learned counsel for the petitioner submits that informant is not an eyewitness to the occurrence and entire allegation hinges around suspicion. It is further submitted that it is difficult to fathom that the petitioner after having a child from the deceased would have killed her. It is next submitted that petitioner will not abscond rather will cooperate in the investigation.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Gaurichak P.S. Case No. 792 of 2022, subject to the conditions as laid
Patna High Court CR. MISC. No.26545 of 2023(6) dt.26-02-2024 3/3 down under Section 438 (2) of the Cr.P.C.
7. However, it is made clear that in the event if the police after investigation submits charge-sheet against the petitioner connecting her with the offence in that event the present anticipatory bail order shall lose its effect. (Satyavrat Verma, J) Kundan/- U T