Aarti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23805 of 2019 Arising Out of PS. Case No.-231 Year-2018 Thana- MADHUBAN District- East Champaran ====================================================== AARTI KUMARI aged about 20 years(F), D/O- Raj Kumar Chaudhary Resident of Village - Gadhwa Madhuban, P.S.- Madhuban, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-04-2019 Heard both sides.

The petitioner apprehends her arrest in Madhuban P.S. Case No.231 of 2018 registered under Sections 304B and 34 of the Indian Penal Code.

The father of the deceased disclosed in his written statement that he solemnised the marriage of his daughter, Sangita Devi with Manish Chaudhary, son of Raj Kumar Chaudhary but Manish Chaudhary, Munna Chaudhary, Aarti Kumari(the petitioner), Subodh Chaudhary, all sons of Raj Kumar Chaudhary, Raj Kumar Chaudhary started torturing his daughter. Munna Chaudhary wanted to establish illicit relation with his daughter and on 29.10.2018, Munna Chaudhary stabbed his daughter to death.

Patna High Court CR. MISC. No.23805 of 2019(2) dt.12-04-2019 2/2 The learned counsel for the petitioner submits that petitioner is unmarried sister-in-law of the deceased. According to the allegation, the deceased was stabbed to death by Munna Chaudhary on account of his failure to have established sexual relation with the deceased. Post-mortem report also shows sharp cut injury on the body of the deceased.

Taking into consideration the fact that it was Munna Chaudhary, the brother-in-law of the deceased who is alleged to have stabbed the deceased to death and petitioner is unmarried sister-in-law of the deceased and no specific allegation is made against her, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 4th Additional Chief Judicial Magistrate, Motihari, East Champaran in connection with Madhuban P.S. Case No.231 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T