Patna High CourtCR. MISC./69182/2019dismissed

Prem Lata Kumari v. The State Of Bihar

2020-01-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69182 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- BATH District- Bhagalpur ====================================================== Prem Lata Kumari Wife of Dewesh Kumar Ranjan, D/o Wakil Mandal Resident of Village - Karhariya, P.S.- Bath, Distt - Bhagalpur ... Petitioner

Versus

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

For the Petitioner :

Mr. Rana Pratap Singh, Addl Public Prosecutor For the Opposite Party :

Mr. Abhay Kumar Roy, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2020 Heard learned counsel for the petitioner as well as learned counsel for the State.

The petitioner is an accused in a case registered for offence under sections 302/309 of the Indian Penal Code. The informant, who is father-in-law of the petitioner, has lodged the FIR alleging that the petitioner because of some dispute with her husband, killed her three children, namely, Sushant Raj, Soran Bharti and Om Raj by throwing them in a toilet tank. She too jumped in the same toilet tank but due to low depth, she could not succeed in committing suicide. Learned counsel appearing for the petitioner, falsifying the allegation, submits that the present case has been filed by the petitioner in protest of Bath PS case no. 02/2019 dated 6.1.2019 u/s 341, 323, 498A,304/34 of the Indian Penal Code read with sections 3⁄4 of the DP Act, lodged by her against the informant and his family members.

Learned counsel for the State opposes the prayer for bail and points out that the petitioner, while jumping into the toilet tank, sustained leg injuries which is supported by the injury report, contained in paragraph 75 of the case diary.

Patna High Court CR. MISC. No.69182 of 2019(3) dt.29-01-2020 2/2 In view of the above facts and circumstances of the case as well as the nature of allegation against the petitioner, who is in custody since 7.1.2019, is refused. (Prabhat Kumar Singh, J) Shashi U T