Puja Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26877 of 2019 Arising Out of PS. Case No.-56 Year-2019 Thana- BAKHARI District- Begusarai ====================================================== PUJA KUMARI D/o Radhe Sahni, W/o Bijay Sahni R/o village- Nayangar, P.S.- Hasanpur, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandan Kumar Kashyap, Adv.
Mr. Ranjan Kumar Jha, Adv.
For the Informant : Mr. Binod Kumar, Adv. For the State :
Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends her arrest in connection with Bakhri P.S. Case no. 56 of 2019, registered under Section 304 B/34 of the Indian Penal Code.
Informant has performed marriage of his sister Kalmi Kumari with Dipak Sahni and the said Dipak Sahni and his mother used to demand dowry and subjected her to torture and finally on 07.03.2019 the said Dipak Sahni, his mother and sister Puja Kumari (petitioner) committed his murder by strangulating over said dowry demand.
Learned counsel for the petitioner submitted that no such occurrence as alleged ever took place. The petitioner is
Patna High Court CR. MISC. No.26877 of 2019(4) dt.26-07-2019 2/3 quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner does not happen to be beneficiary of the said dowry demand. There is neither any allegation of making any dowry demand nor tormenting the deceased for said demand against the petitioner as in the F.I.R. itself, the only allegation attributed to the petitioner is that she along with other accused persons committed murder of the deceased. Petitioner happens to be married sister-in-law of the deceased and she has been residing around 40 km. away from the place of occurrence and is on the advance stage of pregnancy. She was not present of the P.O. at the time of occurrence. None of the witnesses of the P.O. village has been examined by the I.O. and barring the informant and prosecution witnesses none has stated about living of the petitioner in her maternal house at the time of occurrence. Petitioner has no criminal antecedent.
Learned APP for the State opposed the bail petition.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below
Patna High Court CR. MISC. No.26877 of 2019(4) dt.26-07-2019 3/3 within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai in connection with Bakhri P.S. Case No. 56 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) Trivedi/- U T