Indu Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56868 of 2023 Arising Out of PS. Case No.-146 Year-2023 Thana- RAMKRISHNANAGAR District- Patna ====================================================== INDU PANDEY W/O Rakesh Pandey R/O Bediban, P.S- Pipra, Distt.- East Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore@ Kundan Kumar, Advocate For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP For the Informant :

Mr.Sushil Kr. Singh, Advocate Mr.Uday Shankar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner, in the present case, is seeking pre-arrest bail in connection with Ramkrishna Nagar P.S. Case No. 146 of 2023 registered for the offences punishable under Sections 109, 285, 506/34 of the Indian Penal Code. He has no criminal antecedent as stated in paragraph '3' of the application.

3. As per the prosecution story, it is alleged that the marriage of the informant was solemnized with Anamika Kumari in April 2019, since then she used to make false allegation. The informant further alleged that on being insulted by his wife, he poured thinner on his body

Patna High Court CR. MISC. No.56868 of 2023(2) dt.30-08-2023 2/3 and burnt himself and when his father came to rescue him he was also injured. During treatment both have died.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Learned counsel submits that the petitioner is the mother-in-law of the deceased and she has no concern with the life of the informant and there is no specific allegation against the petitioner.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having regard to the gravity of the offences alleged against the petitioner who is the mother-in-law of the deceased, the fardbeyan of the victim who has later on succumbed to his injuries and the specific allegation made by him in his fardbeyan that this petitioner along with her husband and other relatives had been coming to the house of the victim and threatening him as also demoralizing him, as a result of which he took drastic step towards suicide and further considering that in the alleged occurrence two persons have died, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

Patna High Court CR. MISC. No.56868 of 2023(2) dt.30-08-2023 3/3

7. Prayer for anticipatory bail of the petitioner is, thus, refused.

8. In case, the petitioner surrenders and prays for regular bail in the learned court below, her prayer for regular bail shall be considered on it's own merit without being prejudiced by the order of this Court.

(Rajeev Ranjan Prasad, J) Rajeev/- U T