Jaymala Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62397 of 2022 Arising Out of PS. Case No.-343 Year-2021 Thana- GOGRI District- Khagaria ====================================================== JAYMALA KUMARI W/O Dharmeshwar Singh R/O Village- Baltara, P.SGogri (Paura), District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and the informant alleges that her daughter was married to Nitesh on 30.04.2018, after marriage petitioner and her sonin-law were demanding Scorpio, it is next alleged that her daughter was tortured and assaulted and on 27.07.2021, the petitioner and her son-in-law poisoned her daughter to death, further when she reached the place of occurrence she

Patna High Court CR. MISC. No.62397 of 2022(2) dt.12-12-2022 2/3 came to know that her daughter was being treated at Sonbarsa Ghat where she died during the course of treatment.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that police after investigation submitted Final Form No. 14 of 2022 dated 28.02.2022 in favour of the petitioner, it is next submitted that the learned Magistrate differing with police report took cognizance. It is also submitted that it absolutely does not stand to reason that when police after investigation submitted final form, then based on the same material how cognizance has been taken. It is further submitted that husband of the deceased is in custody.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.62397 of 2022(2) dt.12-12-2022 3/3 (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Gogri (Paura) P.S. Case No. 343 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T