Rajmati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20059 of 2018 Arising Out of PS. Case No.-134 Year-2017 Thana- SACHIWALAYA District- Patna ====================================================== Rajmati Devi, W/o Late Ram Narayan Paswan, R/o Mohalla- R. Block Behind Chanikya Hotel, Road No.-10, Jhoparpatti, P.S.- Jachi Valya, DistrictPatna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranvijay Singh, Adv.
For the Opposite Party/s :
Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-04-2018 Heard learned Counsel for the petitioner and learned APP for the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 306/34 of the Indian Penal Code.
The prosecution case got initiated on the basis of written report dated 08.09.2017 submitted by Pappu Paswan to the Station House Officer, Sachiwalaya Police Station is to the effect that on 08.09.2017 at about 04.00 P.M., the informant received information through mobile that his sister Radhika has committed suicide, whereof, the informant along with his father and brother went to the in-laws house of the sister and found her dead. The informant found some signs of injury on the neck of
Patna High Court Cr.Misc. No.20059 of 2018(2) dt.09-04-2018 2/3 the dead body of his sister. The neighbouring people suggested that the informant's sister committed suicide. The sister of the informant was married with co-accused Manoj Kumar about three years prior to the occurrence. The sister of the informant wanted to pursue her studies, but the in-laws family members of the sister of the informant, including the husband, mother-inlaw, sister-in-law and brother-in-law of the husband of the informant's sister did not allow her to pursue her studies. It is submitted by learned counsel for the petitioner that the accusation is omnibus and general.
There is nothing on record to suggest that the petitioner abetted the offence, the husband and sister in law of the informant's sister namely Manoj Kumar and Renu Devi, have been acquitted vide judgment dated 15.02.2018, passed in Sessions Trial No.744 of 2017, arising out of Sachiwalaya P.S. Case No. 134 of 2017. A photocopy of the judgment has been produced, let the same be kept on record. Learned Counsel for the petitioner further submits that the brother-in-law of the husband of the informant's sister namely Ranjan Kumar @ Ranjan Paswan has been granted anticipatory bail vide Criminal Miscellaneous No. 17639 of 2018. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.
Patna High Court Cr.Misc. No.20059 of 2018(2) dt.09-04-2018 3/3 It is submitted by Mr. J. N. Thakur learned APP for the State that there is specific accusation against the petitioner being mother-in-law of the victim.
Considering the nature of accusation when the other accused persons, including husband and the sister-in-law of the informant's sister have been acquitted and the petitioner being lady, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VIII, Patna, in connection with Sachiwalaya P.S. Case No.134 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T