Bidya Kumari @ Vidya Kumari @ Chandani Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56248 of 2019 Arising Out of PS. Case No.-355 Year-2019 Thana- ARA NAWADA District- Bhojpur ====================================================== 1.

BIDYA KUMARI @ VIDYA KUMARI @ CHANDANI KUMARI D/o Sri Binod Sah Resident of Village - Kaman tola, Ara, P.S.- Ara Nawada, Distt - Bhojpur.

2.

Prakash Kumar @ Prakash Santu @ Kumar Santu Son of Sri Binod Sah Resident of Village - Kaman tola, Ara, P.S.- Ara Nawada, Distt - Bhojpur. ... ... Petitioners

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-02-2020 It is submitted by learned counsel for the petitioners that during pendency of this application, the petitioner no.2 has surrendered in the Court below and as such he seeks permission to withdraw this application so far as the petitioner no.2 is concerned.

Permission is granted and the case stands dismissed as withdrawn so far as the petitioner no.2 is concerned. Heard learned counsel for the petitioner no.1 and learned APP for the State.

The petitioner no.1 has filed the instant application for grant of anticipatory bail apprehending her arrest in a case registered for the offence under sections 304B and 34 of the

Patna High Court CR. MISC. No.56248 of 2019(5) dt.20-02-2020 2/3 Indian Penal Code.

As per allegation in the F.I.R., it is stated by the informant that she received information that her daughter had got burnt in course of cooking food. She was taken to the Sadar Hospital, Ara from where, she was referred to the P.M.C.H., Patna and in course of treatment in P.M.C.H., she died. It is further stated that the informant suspects that her daughter has been burnt to death by her in-laws.

It is submitted by learned counsel for the petitioner no.1 that except for the unfounded suspicion raised by the informant in the F.I.R and similar statement in course of investigation, no other material has come against the petitioner no.1 to implicate her in the case. It is further submitted that from the F.I.R. itself, it would be evident that there is no allegation of demand of dowry. The petitioner no.1 is an unmarried 20 years old lady, having no criminal antecedent.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the above stated facts and circumstances of the case, the petitioner no.1, who is an unmarried sister-in-law of the deceased, is directed to be

Patna High Court CR. MISC. No.56248 of 2019(5) dt.20-02-2020 3/3 enlarged on bail. The petitioner no.1, above named, in the event of her arrest or surrender in the Court below within a period of six weeks from today in connection with Ara Nawada P.S. Case No.355 of 2019, G.R. No.2219 of 2019 is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhojpur, Ara, subject to the conditions as laid down in section 438(2) of the Criminal Procedure Code.

(Partha Sarthy, J.) amit/- U T