Kajrawata Devi @ Sukari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70001 of 2018 Arising Out of PS. Case No.-352 Year-2017 Thana- NOKHA District- Rohtas ====================================================== Kajrawata Devi @ Sukari Devi, Wife of Anurudh Choudhry, Resident of Village- Kadawan Mauna Tola, P.S.- Nokha, District- Rohtas. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjay Kumar Tiwary For the Opposite Party/s :

Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner being mother in-law of the daughter of the informant is apprehending arrest in a case registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

The prosecution case as per the written report of Radhe Chaudhary, submitted to the S.H.O., Nokha P.S. is to the effect that the marriage of the daughter of the informant, Somari Devi was performed with Saroj Chaudhary in the year 2015. On 27.11.2017 at about 05.00 P.M., the informant received an information on call that his daughter has been admitted at

Patna High Court Cr.Misc. No.70001 of 2018(2) dt.05-12-2018 2/3 Nokha hospital. Subsequently, he went to the matrimonial house of the daughter and saw that his daughter has committed suicide by hanging herself.

It is submitted by learned counsel for the petitioner that the thrust of accusation is against the husband of the victim and it is further submitted that the father of the husband of the victim has been granted privilege of anticipatory bail vide order dated 13.08.2018 passed in Cr. Misc. No. 42064 of 2018 dated 13.08.2018. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by learned APP for the State that the petitioner is named in the FIR.

Considering the fact that the thrust of accusation is against the husband of the victim and the fact that though the victim died after 2 years of marriage, the father of the husband of the victim has been granted privilege of anticipatory bail by a co-ordinate Bench of this Court, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten

Patna High Court Cr.Misc. No.70001 of 2018(2) dt.05-12-2018 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Rohtas at Sasarm in connection with Nokha P.S. Case No. 352 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T