Madhumala @ Madhumala Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45830 of 2024 Arising Out of PS. Case No.-184 Year-2023 Thana- SAMASTIPUR District- Samastipur ====================================================== Madhumala @ Madhumala Kumari W/O- Rajni Kant Village- Gorapur (Gospur), P.S.- Dalsing Sarai, Distt.- Samastipur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sachchidanand Choudhary, Advocate Mr. Lovekush Kumar, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

20-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offence under Section 306 of the Indian Penal Code.

3. As per the prosecution case, the informant suspects that due to mental torture, given by accused persons including this petitioner, son of the informant committed suicide.

4. Learned counsel for the petitioner submits that from bare perusal of the F.I.R., it is apparent that there is no direct allegation against this petitioner leading the deceased to commit suicide. As a matter of fact, when the factory was opened, the deceased, who was Manager, wanted to grab the

Patna High Court CR. MISC. No.45830 of 2024(2) dt.20-09-2024 2/2 factory claiming to be partner of the factory, which was opposed by petitioner and other co-accused persons and as such, out of frustration, the deceased committed suicide. Similarly situated co-accused Rajni Kant and Rajeev Kumar have already been granted anticipatory bail by this Court, vide orders annexed as Annexure 3 & 4 respectively. Petitioner is lady and claims clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Samastipur Town P.S. Case No. 184 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T