Sangeeta Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59202 of 2021 Arising Out of PS. Case No.-81 Year-2021 Thana- CHACKMEHSI District- Samastipur ====================================================== 1.
Sangeeta Devi W/o Shambhu Poddar @ Bharbhu Poddar R/o villageSaidpur, Bareba Tola, P.S.- Chakmehasi, District- Samastipur 2.
Moni Devi @ Monika Kumari W/o Hari Omm Kumar R/o village- Saidpur, Bareba Tola, P.S.- Chakmehasi, District- Samastipur 3.
Hari Omm Kumar S/o Shambhu Poddar R/o village- Saidpur, Bareba Tola, P.S.- Chakmehasi, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr.Ashok Kumar Jha, Advocate For the State :
Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-02-2022 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners apprehend their arrest in connection with Chakmehasi P.S. Case No.81 of 2021 registered for offences under Sections 302, 304(B)/34 and 498(A) of the Indian Penal Code.
At the very outset, learned counsel for the petitioners prays for withdrawal of the application on behalf of petitioner no.1, namely, Sangeeta Devi.
Prayer is allowed. The application for anticipatory bail is dismissed as withdrawn so far as petitioner no.1, namely,
Patna High Court CR. MISC. No.59202 of 2021(2) dt.03-02-2022 2/3 Sangeeta Devi is concerned.
It has been submitted by learned counsel for the petitioners that charge sheet has been submitted under Section 306 of the Indian Penal Code.
In case petitioner no.1, namely, Sangeeta Devi surrenders and prays for regular bail before the court below within a period of four weeks from today, the court below will consider the petition for regular bail of the petitioner on its own merit. It is observed that withdrawal of the anticipatory bail application shall not come in the way of the court below in consideration of regular bail of the petitioner no. 1 namely, Sangeeta Devi, particularly because of the fact that it is a case of suicide as has been found during investigation. So far as petitioner nos. 2 and 3, namely, Moni Devi @ Monika and Hari Omm Kumar are concerned, there is general and omnibus allegation against them and they are junior members of the family of the deceased.
Considering the fact that there is general and omnibus allegation against petitioner nos. 2 and 3, namely, Moni Devi @ Monika and Hari Omm Kumar and they are junior members of the family of the deceased, their application for anticipatory bail is allowed.
Patna High Court CR. MISC. No.59202 of 2021(2) dt.03-02-2022 3/3 Accordingly, let petitioner nos. 2 and 3, namely, Moni Devi @ Monika and Hari Omm Kumar, in the event of their arrest or surrender within ten weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Ashish Kumar Mano, Judicial Magistrate, Ist Class, Samastipur in connection with Chakmehasi P.S. Case No.81 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sandeep Kumar, J) BT/- U T