Aarti Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58493 of 2023 Arising Out of PS. Case No.-396 Year-2023 Thana- JAHANABAD District- Jehanabad ====================================================== Aarti Kumari D/O- Kallu Prasad @ Ramesh Prasad, Village- Sabzi Mandi Hat Par Jehanabad, P.S.- Jehanabad, Distt.- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nitya Nand Neeraj, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-09-2023 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending her arrest in connection with Jehanabad P.S. Case No. 396 of 2023 registered on 02.05.2023 for the offences punishable under Section 306 of the Indian Penal Code.
3. According to the prosecution, it has been alleged by the informant that his brother was fall in love with the accused and upon getting information that marriage of the petitioner is under process then his brother visited to the house of the petitioner, where the petitioner has mentally assaulted the informant's brother, who returned from the house of the petitioner and consume salfas due to which he become ill and during treatment died.
Patna High Court CR. MISC. No.58493 of 2023(2) dt.13-09-2023 2/3
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel further submits that incident of the petitioner is clean and the allegation made in the F.I.R. is not correct. Counsel further submits that the deceased brother of the informant was major and the deceased was distant relative of the petitioner, it is due to this reason petitioner refused to marry.
5. Learned counsel for the informant vehemently opposed the prayer for bail and submits that it is the petitioner due to which the brother of the informant has consumed poison and petitioner is responsible for his death. He also submits that the bail petition of the petitioner may be rejected.
6. Learned APP for the State opposes the prayer for bail but submits that the deceased was a major aged about 26 years and a matured person.
7. In the aforesaid facts and circumstances, let the above-named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within 6 weeks from today, on furnishing bail bond of Rs. 30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No. 396 of
Patna High Court CR. MISC. No.58493 of 2023(2) dt.13-09-2023 3/3 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dr. Anshuman, J.) ravishankar/- U T