Sobha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86067 of 2023 Arising Out of PS. Case No.-469 Year-2023 Thana- KONCH District- Gaya ====================================================== 1.

Sobha Devi W/O Surendra Singh Village- Jagdishpur, Ps. Konch, Dist. Gaya.

2.

Surendra Singh S/O Late Gopal Singh Village- Jagdishpur, Ps. Konch, Dist. Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Amrendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State as well as learned counsel for the informant.

2. The petitioners apprehend arrest in connection with Konch P.S. Case No. 469 of 2023 dated 10.10.2023 instituted for the offence punishable under Sections 306/34 of the Indian Penal Code.

3. The prosecution case, in short, is that the informant works in Hyderabad. On 06.10.2023, the petitioners along with other accused persons entered the house of the informant and started outraging the modesty of his wife and assaulting her. On hue and cry, his mother and sister-in-law(Bhabhi) came, who were also assaulted by them. Again on 08.10.2023 at about 7.00

Patna High Court CR. MISC. No.86067 of 2023(2) dt.18-01-2024 2/3 am, the petitioners and their family members abused and threatened to assault her wife, due to this, his wife fell in depression and committed suicide.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that the informant is the husband of the deceased, who has lodged the present F.I.R. The informant works in Hyderabad and was not present at the place of occurrence at that time. Learned counsel for the petitioners submits that wife of of the informant committed suicide due to remorse and insult meted to her by the family members, since she was found in inappropriate condition with minor son of the petitioners since her husband was residing outside. Learned counsel for the petitioners submits that the petitioners have nothing to do with the suicide committed by the wife of the informant. In fact, they had gone to house of the informant to protest with regard to inappropriate relationship with the minor son and the deceased. Learned counsel for the petitioners further submits that there is no eye witness of the said occurrence. Lastly, it has been submitted that petitioners have two criminal cases against them.

5. Learned A.P.P. as well as learned counsel for the

Patna High Court CR. MISC. No.86067 of 2023(2) dt.18-01-2024 3/3 informant has opposed the prayer for anticipatory bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Konch P.S. Case No. 469 of 2023, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VIII, Gaya subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U T