Sangita Kumari @ Sangita Ghosh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56994 of 2024 Arising Out of PS. Case No.-208 Year-2024 Thana- KATIHAR NAGAR District- Katihar ====================================================== Sangita Kumari @ Sangita Ghosh Wife of Late Pucchu Ghosh R/O Tiyar Para, Ward no. 21, P.S.- Nagar, Dist.- Katihar. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Singh, Advocate For the Opposite Party/s :
Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-08-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 302, 304(B) and 34 of the IPC and 3/4 of the D.P. Act in connection with Katihar Nagar P.S. Case No.208 of 2024.
3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that her daughter married Ashutosh about four months back and the marriage was a love marriage, further after marriage, Ashutosh was demanding Rs.5,000,00/- by way of dowry and on account of non-fulfillment of the dowry demand her daughter was killed by strangulating her, accordingly, the informant after coming to know about the occurrence reached the P.O. and found her daughter's body lying in the house.
Patna High Court CR. MISC. No.56994 of 2024(2) dt.06-08-2024 2/3
4. The learned counsel submits petitioner being mother-in-law has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that thrust of the allegation of demanding dowry is against Ashutosh. It is also submitted that the petitioner after marriage became a widow and thereafter she married one Amit Kumar as would manifest from Annexure-2 to the anticipatory bail application and the petitioner stays with Amit at her matrimonial home and has no concern with Ashutosh in his day-to-day affair of life. It is also submitted that from perusal of the order impugned it would manifest that the same records that the postmortem report records that several injuries were found on the face and neck of the deceased and cause of death was mentioned as asphyxia, as a result of throttling. It is thus submitted that it appears that Ashutosh assaulted the deceased and thereafter she was killed. It is also submitted petitioner will not abscond, rather will cooperate in the investigation.
5. The learned APP opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the
Patna High Court CR. MISC. No.56994 of 2024(2) dt.06-08-2024 3/3 event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Katihar Nagar P.S. Case No.208 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T