Sabita Singh @ Sabita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54542 of 2019 Arising Out of PS. Case No.-104 Year-2019 Thana- KUDHNI District- Muzaffarpur ====================================================== SABITA SINGH @ SABITA DEVI Wife of Raghav Prasad Singh Resident of Village-Thumha, P.S.-Turki, District-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Kurhani P.S. Case No. 104 of 2019, pending in the Court of the Subdivisional Judicial Magistrate, West, Muzaffarpur, registered under Section 341, 323, 304B, 120B and 34 of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act. The accusation is that marriage of Sneha Kumari, daughter of the informant, was performed on 10.12.2018 with Sunny Kumar and she went at her sasural with gifted articles, Apache motorcycle, ornaments and furniture, worth Rs.15,00,000/-, while she was kept at her sasural one week properly, but, thereafter, her husband, Sunny Kumar, father-in-

Patna High Court CR. MISC. No.54542 of 2019(3) dt.20-11-2019 2/3 law, Ragho Prasad Singh, brother-in-law, Aditya Kumar, mother-in-law, Savita Devi, and Devendra Singh, son of Jagarnath Singh, used to torture her for demand of four wheeler. On receiving the information about the demand, the informant, Vinod Kumar Singh, went and tried to convince, but, all were adamant of four wheeler. The informant, anyhow, convinced them and returned from there. Thereafter, on 08.02.2019 informant received information on mobile from his daughter that she was being tortured and, thereafter, his daughter killed by the in-laws folding the rope in neck.

Learned counsel appearing on behalf of the petitioner submits that petitioner is the mother-in-law of the deceased and she has falsely been implicated in this case. On the other hand, learned Additional Public Prosecutor opposed the prayer for bail submitting that Sneha Kumari, daughter of the informant died within five months of her marriage at her sasural and the cause of death is asphyxia due to strangulation.

Having regard to the facts and circumstances of the case, I am not inclined to grant the privilege of pre-arrest bail to the petitioner. The prayer for pre-arrest bail is rejected. The petitioner is directed to surrender before the Court below and

Patna High Court CR. MISC. No.54542 of 2019(3) dt.20-11-2019 3/3 seek regular bail, which will be considered on its own merit and without being prejudiced of this order.

(Rajendra Kumar Mishra, J) Shamshad/- U T