Priti Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56885 of 2018 Arising Out of PS.Case No. -18 Year- 2018 Thana -HULASGANJ District- JEHANABAD ====================================================== Priti Kumari, Daughter of Sudhir Singh, Resident of Village- Tulli Bigha, P.S.- Hulasganj, District- Jehanabad.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Jay Ram Prasad, Advocate. For the Opposite Party : Mr. Navin Kumar Pandey, A.P.P. For the Informant : Mr. Binay Kumar Singh and Mr. Kumar Rajeev, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-09-2018 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner is apprehending her arrest in a case for the offence registered under Sections 302/34 of the IPC. The prosecution story, in brief, is that co-accused Sumant Kumar and Santu Kumar always used to tease the informant's daughter Ruchi Kumari (deceased) which was informed to their parents. On day before, they also teased and misbehaved the informant's daughter who became unconscious and fell down. After getting information, the informant took her to Islampur for medical treatment and after reaching the home, the petitioner besides co-accused persons assaulted him. In the
Patna High Court Cr.Misc. No.56885 of 2018 (2) dt.18-09-2018 2/3 morning on 15.02.2018, when the informant alongwith his wife reached Hulasganj Police Station where an information was received on the Mobile of SHO about the death of the informant's daughter Ruchi Kumari. Immediately, the informant rushed to the village and took his daughter to hospital, where she was declared dead. The informant came to know from villagers that his daughter has been strangulated by the accused persons after entering his home.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the implication of the petitioner in the present case. Other co-accused has been granted anticipatory bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 23055 of 2018 order dated 26.06.2018. On behalf of the learned counsels for the State and the informant, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender
Patna High Court Cr.Misc. No.56885 of 2018 (2) dt.18-09-2018 3/3 before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Jehanabad, in connection with Hulasganj P.S. Case No. 18/18, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T