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Patna High CourtCR. MISC./26874/2016dismissed

Sunita Devi v. The State Of Bihar

2016-10-03Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26874 of 2016 Arising Out of PS.Case No. -36 Year- 2016 Thana -RAGHUNATHPUR District- SIWAN ====================================================== Sunita Devi W/o Jitendra Yadav, R/O vill- Bishunpura (Murar Patti), P.S. Raghunath Pur, District- Siwan.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Kumar Pandey, Advocate For the Opposite Party : Mr. Sir Pawan Kumar Chaurasiya, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-10-2016 Heard learned counsels for the petitioner and the State. The petitioner being the sister-in-law of the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 109, 498(A), 324, 326, 307 and 302/34 of the Indian Penal Code.

The prosecution case is that the informant's daughter was married with Ramjeet Yadav on 25.05.2015. Subsequently, the daughter of the informant gave birth to a male child but the daughter of the informant found that her husband Ramjeet Yadav had illicit relation with this petitioner. Subsequently, the husband of the daughter of the informant and this petitioner started torture since he was opposing the illicit relationship. The informant received information that her daughter

Patna High Court Cr.Misc. No.26874 of 2016 (4) dt.03-10-2016 2/2 along with minor child has received burn injuries then the petitioner approached to the referral hospital, Raghunathpur but doctor referred her to Sadar hospital, Siwan but later on doctor referred her to PMCH.

It is submitted by learned counsel for the petitioner that the victim herself committed suicide and this fact has been corroborated by the witnesses examined during investigation.

It is submitted by learned counsel for the State that during investigation it was found that there was illicit relationship of the husband of the daughter of the informant with this petitioner and daughter of the informant was being tortured by this petitioner and husband of the informant as she used to oppose the illicit relationship.

Considering the nature of the accusation and the fact that the daughter of the informant and her minor child died within one year of the marriage with burn injuries, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail is rejected. (Dinesh Kumar Singh, J) B.Kr./- U T