Ruchi Kumari @ Anjali Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60318 of 2017 Arising Out of PS. Case No.-139 Year-2017 Thana- THAKRAHA District- West Champaran ====================================================== Ruchi Kumari @ Anjali Kumari Daughter of Syurendra Singh, Resident of Village-Lakshmipur, Police Station-Bhitaha O.P., District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Milind Kumar Mishra For the Opposite Party/s :

Mr. SMT SANGEETA SHARMA ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends her arrest in connection with Thakraha (Bhitaha) P. S. Case No. 139 of 2017 registered for the offences punishable under Sections 304B, 201 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act. Seema Devi the daughter of the informant was married to Mirtyunjay Singh on 10.06.2015 and due to non-fulfillment of demand of Rs. 1,00,000/- cash, one motorcycle, one buffalo and one gold chain the petitioners and other in-laws started torturing her and ultimately killed her and made the dead body traceless. Submission is of false implication and that the petitioner is unmarried sister of the informant of the deceased, there is no specific allegation against the petitioner, the husband of the

Patna High Court Cr.Misc. No.60318 of 2017(3) dt.19-01-2018 2/2 deceased is in custody, from the post mortem report it appears that the cause of death is asphyxia due to hanging, the petitioner has got no criminal antecedent and similarly situated co-accused Sonam Kumari has been allowed pre-arrest bail vide Cr. Misc. No. 55396 of 2017 by another co-ordinate Bench of this Court and as such the petitioner deserves sympathetic consideration. Learned APP fairly submits that co-accused Sonam Kumari has been allowed pre-arrest bail.

In the facts and circumstances stated above, the petitioner above named, in case of her arrest or surrender within four weeks from the date of receipt/production of a copy of this order, is directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate Ist Class, Bagaha, West Champaran in connection with Thakraha (Bhitaha) P. S. Case No. 139 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T