Sucho Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42016 of 2022 Arising Out of PS. Case No.-569 Year-2021 Thana- NARPATGANJ District- Araria ====================================================== SUCHO DEVI W/o Joganand Yadav @ Yoganand Yadav Resident of Village - Madhura Dakshain, Ward No. 9, P.S.- Narpatganj, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 328, 304(B) and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is a woman having clean antecedent and the informant alleges that she had married her daughter to Amit about 10 months ago and after marriage, the accused persons, including the petitioner, started demanding Rs. One lakh and one motorcycle by way of dowry and on account of non-fulfillment of the same, her daughter was assaulted and tortured, it is next alleged that on 25.12.2021 at 2:00 pm five name accused persons, including the petitioner, poisoned her daughter after

Patna High Court CR. MISC. No.42016 of 2022(2) dt.12-12-2022 2/3 which she was admitted in a hospital with the help of neighbors but died on 27.12.2021.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, the informant is not an eyewitness to the occurrence, it is next submitted that it is an admitted fact that the deceased was taken to the hospital where she was treated but during the course of treatment she died, it is also submitted that petitioner is married nanad of the deceased and resides separately from the husband and family members of the deceased. Learned counsel submits that it is the responsibility of the husband to ensure that the wife lives with dignity and honour.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six 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 the learned court below where the case is pending/successor court in connection with Narpatganj

Patna High Court CR. MISC. No.42016 of 2022(2) dt.12-12-2022 3/3 P.S. Case No. 569 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T