Shabnam Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51073 of 2019 Arising Out of PS. Case No.-233 Year-2016 Thana- GOPALPUR District- Bhagalpur ====================================================== SHABNAM KUMARI, aged about 16 years, Female, Daughter of Parmanand Yadav, Resident of Village- Bhawanipur, P.S.- Gopalpur (Rangra O.P.), District- Bhagalpur, under the Guardianship of her father Parmanand Yadav, Son of Bishnudev Yadav, resident of Village- Bhawanipur, P.S.- Gopalpur (Rangra O.P.), District- Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-10-2019 Heard both sides.

The petitioner apprehends her arrest in Gopalpur (Rangra) P.S. Case No.233 of 2016, registered under Sections 304B and 34 of the Indian Penal Code.

The mother of the deceased alleged that she got information that her daughter was killed on 19.11.2016. It is further alleged that Jitendra Yadav, the husband of the deceased had illicit relation with a widow of his own village and for that some altercation took place and it is alleged that on account of such Jitendra Yadav, Premlata Devi, the mother-in-law and Shabnam Kumari, the sister-in-law killed the deceased. Learned counsel for the petitioner submits that the petitioner is unmarried minor sister-in-law of the deceased.

Patna High Court CR. MISC. No.51073 of 2019(3) dt.01-10-2019 2/2 Mother-in-law of the deceased has already been enlarged on anticipatory bail by order dated 03.01.2019, passed in Cr. Misc. No.64543 of 2018. The case of the petitioner stands on better footing. The husband of the deceased is already in jail. Petitioner is the junior most member of the family and there is no allegation of torture. The reason for occurrence is said to have altercation on account of the fact that the husband of the deceased had illicit relation with a widow of the same village.

Taking into consideration the facts aforesaid and the fact that the petitioner is a minor girl and her mother has already been granted anticipatory bail, let petitioner, above named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, 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 the learned A.C.J.M.-III, Naugachia in connection with Gopalpur (Rangra) P.S. Case No.233 of 2016, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) S.KUMAR/- U T