Nirmala Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47777 of 2016 Arising Out of PS.Case No. -330 Year- 2016 Thana -NAWADA District- NAWADA ====================================================== Nirmala Kumari W/o Late Saway Kumar @ Bhola Ram Tufani, Resident of Village- Bermi, P.S.- Kadirganj (Nawada), District- Nawada. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 22-12-2016 Heard the counsel for the petitioner, Mr. Bharat Lal for the informant as well as Mr. Md. Aslam Ansari, APP for the State. The petitioner is accused of Nawada Nagar (Kadirganj) P.S. Case No. 330 of 2016 registered under section 306 IPC lodged by none other than the father-in-law. It is alleged that the husband had gone out with heavy amount and subsequently it was revealed that he was shot dead. The informant giving out reasons has suspected the hands of the wife (petitioner) in commission of crime.
Counsel for the petitioner submits that merely on suspicion the FIR has been lodged. The deceased was in the habit of taking money from different persons inasmuch as he was facing prosecution under section 402 IPC. There may be diverse reasons
Patna High Court Cr.Misc. No.47777 of 2016 (3) dt.22-12-2016 2/2 for his murder or abetment to commit suicide Conversely, Mr. Lal states that there is evidence in the investigation report that he had gone to his wife and paid some amount and when the same was demanded she refused. There is also material to suggest that the wife conspired with other accused persons to do away with the life of the deceased with whom she was not having cordial relation.
In my view, it is not a fit case for grant of anticipatory bail. Prayer is refused.
Let the petitioner surrender and prayer for regular bail which shall be considered and disposed of on its own merit in accordance with law.
(Kishore Kumar Mandal, J) HR/- U T