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Patna High CourtCR. MISC./32763/2023allowed

Meenakshi Kumari v. The State Of Bihar

2023-11-06Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32763 of 2023 Arising Out of PS. Case No.-69 Year-2023 Thana- BARH District- Patna ====================================================== MEENAKSHI KUMARI WIFE OF LATE SHASHIKANT AND DAUGHTER OF LATE DHRUV NARAYAN R/O opposite Maa Kali Cement Store, Rajeev Nagar,Road no. 23, P.S.-Rajeev Nagar, District-Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Atul Shankar, Adv.

For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP.

Mr. Rajiv Nayan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Section 306 of the Indian Penal Code.

3. The prosecution case, in brief, is that the informant's son has committed suicide on 22.01.2023 at about 12:00 PM by consuming poison. A suicide note has been found in the handwriting of the deceased in which it is stated that his wife Meenakshi Devi is wholly responsible for his death.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence.

Patna High Court CR. MISC. No.32763 of 2023(5) dt.06-11-2023 2/3 No such occurrence as alleged ever took place. She has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. No any cruelty has been committed by the petitioner. It is further submitted that the deceased has earlier filed a divorce case in 2017, but in whole of the petition he has not stated a single word against his wife. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail and submitted that the deceased has written in his suicide note that his wife is wholly responsible for his death, hence she does not deserve anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as considering the arguments of the parties, the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection

Patna High Court CR. MISC. No.32763 of 2023(5) dt.06-11-2023 3/3 with Barh P.S. Case No. 69 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T