Soni Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44302 of 2021 Arising Out of PS. Case No.-16 Year-2021 Thana- RANIYATALAB District- Patna ====================================================== Soni Kumari W/O Simlu Rajak @ Rakesh Kumar R/O Village And P.ORajipur, P.S- Rani Talab, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-05-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending her arrest in a case registered under Sections 306/34 of the Indian Penal Code. Prosecution case, in short, is that the informant married his daughter, namely, Pushpa Kumari with Mukesh Kumar, 11 years ago. On 21.01.2021 at about 5 p.m. he got information that his daughter and grandson Anshit Kumar are missing. Thereafter the informant searched them but could not trace them. On 22.01.2021 in the night, the informant got information that his daughter died in the canal water and

Patna High Court CR. MISC. No.44302 of 2021(2) dt.13-05-2022 2/3 grandson is still missing. The informant has suspected that his daughter committed suicide by drowning due to torture by her in laws.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner happens to be the Gotani of the deceased. She is separate in mess and property from the husband of the deceased. She has got no concern with the alleged occurrence. There is no allegation of abetment alleged against this petitioner. Hence, no offence under Section 306 of I.P.C. is attracted in this case. Petitioner is a lady. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. II, Danapur, Patna in connection with Ranitalab P.S.

Patna High Court CR. MISC. No.44302 of 2021(2) dt.13-05-2022 3/3 No.16/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T