Shanti Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52032 of 2019 Arising Out of PS. Case No.-134 Year-2018 Thana- PARASBIGHA District- Jehanabad ====================================================== SHANTI SINHA Wife of Umesh Prasad Resident of Village-Rangu Bigha, Police Station-Paras Bigha, District-Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Bhushan Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Parsa Bigha P.S. Case No. 134 of 2018, disclosing offences under Sections 304(B) and 201/34 of the Indian Penal Code. The petitioner is the mother-in-law of the deceased. Learned counsel, appearing on behalf of the petitioner, has submitted that no offence can be said to be made out, punishable under Section 304(B) of the IPC, as according to the informant himself, the marriage was solemnized in 2007. He has further submitted that according to the own statement of the informant in his written statement, which is the basis of the FIR, the informant had re-married eight years after the marriage of his daughter with the petitioner's son. He has next submitted

Patna High Court CR. MISC. No.52032 of 2019(2) dt.21-08-2019 2/2 that the FIR has been registered with the only allegation that the victim is missing.

Considering the facts and circumstances, this application is allowed. Let the petitioner, above named, in the event of her arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate,, Jehanabad in connection with Paras Bigha P.S.Case No. 134 of 2018, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present herself before the Police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the court on two consecutive occasions, her bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) HR/- U T