Neha Kumari @ Neha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34574 of 2019 Arising Out of PS. Case No.-92 Year-2018 Thana- SIMRA District- West Champaran ====================================================== NEHA KUMARI @ NEHA DEVI D/O Sandeep Shrivastava Resident of Village - Sherawa Bhurahwa, P.S.- Chiutaha, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Chiutaha P.S. Case No. 92 of 2018, disclosing the offence under Sections 328, 306/34 of the Indian Penal Code. The informant is the elder brother of the deceased, whereas petitioner is the wife of the deceased. The deceased is said to have committed suicide by consuming poison. Learned counsel appearing on behalf of the petitioner has submitted that even if the allegation in the FIR is treated to be correct, no case of abetment to commit suicide is made out, inasmuch as, there is nothing mentioned in the FIR which could be said to be aiding or abetting commission of suicide. I find substance in the submission made on behalf of

Patna High Court CR. MISC. No.34574 of 2019(3) dt.17-08-2019 2/2 the petitioner. This application is allowed. Let the petitioner, above-named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail 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, West Champaran in Chiutaha P.S. Case No. 92 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/ Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Rajesh/- U T