Bunti Kumari @ Chandani Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36074 of 2020 Arising Out of PS. Case No.-70 Year-2020 Thana- GAUTAMBUDHNAGAR District- Siwan ====================================================== BUNTI KUMARI @ CHANDANI KUMARI D/O RAJILAL SINGH RESIDENT OF VILLAGE - OLIPUR, P.S. - G.B. NAGAR, DISTRICTSIWAN. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-04-2021 Heard Mr. Bijay Prakash Singh, learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of her arrest in connection with G.B. Nagar P.S. Case No. 70 of 2020 dated 17.03.2020 instituted for the offences under Sections 304B and 34 of the Indian Penal Code. The petitioner is said to be the unmarried sister-in-law of the deceased. The allegation against her is general and omnibus. Apart from this, it has been submitted on behalf of the petitioner that the deceased was pregnant for which she was being treated. Details of the medical prescription indicating treatment of the deceased has been brought on record.

Learned counsel for the petitioner has further

Patna High Court CR. MISC. No.36074 of 2020(2) dt.06-04-2021 2/2 submitted that only because the deceased died during pregnancy, the sister of the deceased has lodged this case for ulterior motives. The impugned order reflects that the post-mortem report indicates that the cause of death was cardio-respiratory arrest. Whether this was occasioned because of any assault on the deceased is not known. It also appears from the impugned order that some of the persons of the village have not supported the prosecution version.

Regard being had to the fact that the petitioner is unmarried sister-in-law of the deceased against whom there is no specific accusation, she is directed to be released on bail, in the event of her arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on her furnishing bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with G.B. Nagar P.S. Case No. 70 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T