← Library
Patna High CourtCR. MISC./553/2024bail granted

Sunita Kumari v. The State Of Bihar

2024-03-05Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.553 of 2024 Arising Out of PS. Case No.-466 Year-2023 Thana- BELAGANJ District- Gaya ====================================================== Sunita Kumari Wife of Ashutosh Kumar Resident of mohalla-Ramna Road Patiyama House,P.S.-Civil Lines, District-Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-03-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 307, 326, 120(B)/3 of the Indian Penal Code.

3. As per the prosecution case, the informant alleges that this petitioner along with other accused persons conspired and got his son killed by some unknown miscreants.

4. It is submitted on behalf of the petitioner that petitioner is the daughter-in-law of the informant who is only alleged to be conspirator. There is no allegation of any overt act against the petitioner. Similarly situated accused person has

Patna High Court CR. MISC. No.553 of 2024(3) dt.05-03-2024 2/2 already been granted bail by a Coordinate Bench of this Court vide order dated 04.12.2023 passed in Cr. Misc. No. 76892 of 2023. It is further submitted that the deceased was younger brother-in-law of petitioner and the petitioner has earlier lodged a case under Section 498(A) of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act giving rise to Civil Line P.S. Case No. 100 of 2022. In retaliation of this case, petitioner has been roped in the present case.

5. Learned A.P.P. for the State as well as learned counsel for the informant both have opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest or surrender within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Belaganj P.S. Case No. 466 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) sanjeev/- U T