Vibha Kumari @ Bibha Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36525 of 2022 Arising Out of PS. Case No.-233 Year-2021 Thana- SHAMBHUGANJ District- Banka ====================================================== Vibha Kumari @ Bibha Kumari W/O Late Sumit Kumar Singh R/O VillageNaraun, P.S.- Shambhuganj, District- Banka ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar, Adv.
For the Opposite Party/s :
Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-09-2022 Let the defect, if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Sambhuganj P.S. Case No. 233 of 2021 lodged under Section 306 of the I.P.C.
As per the prosecution case, the informant has alleged that his son hanged himself due to the excessive pressure and instigation caused by her daughter-in-law.
Learned counsel for the petitioner submits that from the F.I.R. itself, it transpires that on the date and time of occurrence, the present petitioner was not present at the house. She had already gone to her Maike one month earlier from the
Patna High Court CR. MISC. No.36525 of 2022(2) dt.20-09-2022 2/3 date of occurrence.
Learned counsel for the petitioner submits that it is the mothers pressure only the victim suicide. Learned counsel for the petitioner further submits that petitioner is in custody since 13.10.2021 having clean antecedent. Charge sheet has already been filed in this case. Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Sambhuganj P.S. Case No. 233 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:
A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.
B. One of the bailors shall be close relative who shall
Patna High Court CR. MISC. No.36525 of 2022(2) dt.20-09-2022 3/3 file affidavit before the court about his relationship with the petitioner.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J) prakashmani/- U T