Suman Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28143 of 2023 Arising Out of PS. Case No.-413 Year-2022 Thana- RAFIGANJ District- Aurangabad ====================================================== SUMAN KUMARI Wife of Late Parween Kumar, Daughter of Baban Kumar Resident of Reriya, Police Station-Karagahar (Barhari O.P.), District-Rohtas ... ... Petitioner
Versus
The State of Bihar Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Arun Kumar Mandal, Advocate For the Opposite Party :
Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner, in the present case, is seeking prearrest bail in connection with Rafiganj P.S. Case No. 413 of 2022 (G.R. No. 2796/2022) registered for the offences punishable under Sections 306, 34 of the Indian Penal Code. She has no criminal antecedent as stated in paragraph '3' of the application.
As per the prosecution story, the informant, who happened to be the mother of the deceased, has alleged that she got information that her son Parween Kumar has committed suicide by consuming poison. She alleged that her son was married with Suman Kumari (the petitioner) in the year 2016 and his in-laws members were used to torture him and
Patna High Court CR. MISC. No.28143 of 2023(2) dt.07-07-2023 2/3 ultimately he consumed poison and committed suicide. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Learned counsel submits that from perusal of the F.I.R., it appears that the son of the informant had consumed poison on his own and this petitioner was not living with.
Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
Having regard to the facts and circumstances of the case wherein from the F.I.R. itself it appears that the son of the informant had consumed poison on his own and this petitioner was not living with him because of matrimonial discord since the year 2016 itself, she has, otherwise, no criminal antecedent, this Court, therefore, directs that in case of her arrest/surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing of bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Rafiganj P.S. Case No. 413 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
And further condition that the court below shall verify
Patna High Court CR. MISC. No.28143 of 2023(2) dt.07-07-2023 3/3 the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajeev Ranjan Prasad, J) Rajeev/- U T