Rakhi Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29342 of 2020 Arising Out of PS. Case No.-159 Year-2020 Thana- KHAJANCHI HAT District- Purnia ====================================================== Rakhi Kumari D/o Manoj Chaudhary @ Manoj Kumar Chaudhari Resident of Bishnupur, P.S.- Dhamdaha, District- Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends her arrest in connection with K.Hat P.S. Case No. 159/2020 registered for the offences punishable under Sections 302 and 120B read with 34 of the Indian Penal Code.

As per the prosecution case, on 14.03.2020, informant received information on telephone that his son has committed suicide. On this information, the informant along with other family members rushed to the place and inspected the deadbody of his son and found that someone has committed murder of his son by pressing neck and, thereafter, he was hanged to make a case of suicide.

Patna High Court CR. MISC. No.29342 of 2020(3) dt.20-01-2021 2/3 It is submitted that petitioner is not named in the FIR. During the course of investigation, it has come that the deceased had made a call on mobile phone of this petitioner and asked her to say 'I Love You'. It is further submitted at the instance of local media that petitioner has been made accused in this case without there being any evidence. It is next submitted that during the course of investigation the only material that has come is that there was some phone calls and Whatsapp chat between the petitioner and the deceased and, therefore, it is suspected that she might have abetted the suicide. Petitioner is an unmarried girl and a student.

Learned counsel appearing on behalf of the State vehemently opposed the prayer of bail and submitted that during the course of investigation, it has come that the petitioner was in contact with the deceased through mobile phone calls and messages and that is the reason, she has deleted all the WhatsApp messages from her mobile phone to conceal the evidence. It is further submitted that material collected during the course of investigation raises finger towards the petitioner. Considering the nature of allegation and the material that has come during the course of investigation, I am not inclined to grant bail to this petitioner.

Patna High Court CR. MISC. No.29342 of 2020(3) dt.20-01-2021 3/3 It is, accordingly, rejected.

(Prabhat Kumar Singh, J) Saif/- U T