Sumanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42485 of 2024 Arising Out of PS. Case No.-362 Year-2023 Thana- THAWE District- Gopalganj ====================================================== Sumanti Devi W/o Late Awadhkishore Singh Resident of Village Ramchandrapur, P.S. - Thawe, Distt. - Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-08-2024
1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.
3. Mr. Chandra Bhushan Prasad, learned A.P.P. submits that the investigating officer of the case in compliance of the order dated 13.08.2024 is present in the Court.
4. The investigating officer submits that the dead body of the deceased was recovered from Uttar Pradesh at the instance of Nagendra Singh (husband of the deceased) and the dead body was taken to a hospital at Uttar Pradesh for postmortem.
5. At this stage, learned counsel for the petitioner
Patna High Court CR. MISC. No.42485 of 2024(3) dt.27-08-2024 2/3 submits that petitioner being the mother-in-law of the deceased has been falsely implicated in the present case by the informant. It is further submitted that it does not appear probable that the petitioner who resides at Gopalganj would have been involved in the occurrence and would have taken the deceased to Uttar Pradesh where she was strangulated to death. It is next submitted that husband of the deceased is in custody and it was based on his confession that the dead body was recovered. It is also submitted that the husband has not implicated the petitioner. It is further submitted that petitioner will not abscond rather will cooperate in the investigation.
6. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant opposed the prayer for anticipatory bail of the petitioner but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that the dead body was found based on the confession of Nagendra Singh at Uttar Pradesh and the allegation as alleged in the FIR with respect to demand of dowry and torture is general and omnibus as far as this petitioner is concerned.
7. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the
Patna High Court CR. MISC. No.42485 of 2024(3) dt.27-08-2024 3/3 event of his 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 Thawe P.S. Case No. 362 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
8. The Vakalatnama of the learned counsel appearing on behalf of the informant is kept on record.
9. The personal appearance of the investigating officer of the case is dispensed with.
(Satyavrat Verma, J) Kundan/- U T