Sangam Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77252 of 2018 Arising Out of PS. Case No.-99 Year-2018 Thana- KALYANPUR District- Samastipur ====================================================== Sangam Kumari, Wife of Vikram Kumar Deo, Resident of Barheta, P.S.- Kalyanpur, District- Samastipur.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subodh Kumar For the Opposite Party/s :
Mr.Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-03-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 302 and 120B of the Indian Penal Code.
The prosecution case as per the written report of Madan Mohan Choudhary submitted to the Station House Officer of Kalyanpur Police Station is to the effect that the daughter of the informant, Rimjhim Kumari was married with Vikram Kumar Deo in 2002. Subsequently, the married couple was blessed with a son, Alok Kumar and a daughter, Varsha Kumari, who died about 7 years prior to the lodging of the present case. The daughter of the informant consumed poison due to the domestic quarrel. In 2011, the son-in-law of the
Patna High Court CR. MISC. No.77252 of 2018(3) dt.15-03-2019 2/3 informant, Vikram Kumar Deo performed second marriage with the petitioner, Sangam Kumari. Recently, the son-in-law of the informant purchased 8 dhurs of land in the name of the petitioner which was being protested by the informant. On 01.07.2018, the informant received information that his grandson has fallen down from the roof and has died. Hence, it is suspected that the grandson of the informant has been killed by the son-in-law and other family members since he was the obstacle in the family of the son-in-law of the petitioner. It is submitted by learned counsel for the petitioner that only on the basis of suspicion, the accusation has been levelled. There is no eye witness to the alleged occurrence and petitioner is a lady. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP after going the through the case diary submits that altogether seven injuries including incised injury have been found on the person of the victim which suggests the further corroboration of the informant that the victim boy has been killed, but he concedes that during investigation no eye witness was examined.
Considering the suspicious nature of accusation and
Patna High Court CR. MISC. No.77252 of 2018(3) dt.15-03-2019 3/3 petitioner being a lady, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Kalyanpur P.S. Case No. 99 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T