Sarita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66793 of 2022 Arising Out of PS. Case No.-237 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Sarita Kumari W/o Ajit Kumar @ Ajit Prasad R/o Anand Nagar Gali no. 1, P.S.- Town, P.S.- Ara, Distt- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Pathak, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-04-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. The accused/petitioner is named in the F.I.R. and apprehend her arrest in connection with Muffasil P.S. Case No. 237 of 2022 registered for the offences punishable under Sections 341, 323, 384, 387, 420, 504 and 506 of the Indian Penal Code (in short 'I.P.C.').

The allegation against this petitioner, who is the wife of the informant, is to involved in extra-marital affairs and made an attempt to cause death of informant by administering poison

Patna High Court CR. MISC. No.66793 of 2022(2) dt.25-04-2023 2/3 through food. It is also alleged that informant received extortion call for Rs. 5,00,000/- (Rupees Five Lac) from different mobile numbers as mentioned in F.I.R., suspected to be raised on instance of petitioner.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is the wife of the informant and as several litigations arises out of matrimonial discord are pending between the parties, the present false implication was raised against this petitioner. It is submitted that allegation to raise a demand of Rs. 5,00,000/- (Rupees Five Lac), as alleged through F.I.R., is not available against this petitioner rather same is available against unknown person. While concluding the argument it is submitted that petitioner is a lady of clean antecedent.

Learned APP for the State opposes the prayer of bail. Considering the aforesaid facts and circumstances as mentioned above, as petitioner is the wife of informant, where several litigations arises out of matrimonial discord are pending between the parties coupled with the fact as allegation of extortion is not available against this petitioner, let the petitioner, above named, in the event of her arrest or surrender within a period of four weeks, is directed to be released on bail,

Patna High Court CR. MISC. No.66793 of 2022(2) dt.25-04-2023 3/3 furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai/concerned Court, where the case is pending in connection with Muffasil P.S. Case No. 237 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J) pooja/- U T