Guriya Kuar @ Guddi Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85180 of 2019 Arising Out of PS. Case No.-50 Year-2019 Thana- BADHAILA District- Rohtas ====================================================== Guriya Kuar @ Guddi Kunwar W/o Late Santoshi Singh @ Santosh Singh R/o village- Madhuban Tola, P.S.- Baghaila, District- Rohtas. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Sada Nand Roy, Advocate.

For the State :

Mr. Sanjay Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Baghaila P.S. Case No.50 of 2019 registered under Sections 302, 201, 120(B)/34 and 498(A) of the Indian Penal Code. The accusation is that the marriage of the sister of the informant was performed before six years with Kamlesh Kumar, son of Bhola Singh. Due to their wedlock, the sister of the informant was blessed with a female child. For the last three years, the sister of the informant was being assaulted. On 04.10.2019, the sister of the informant was abused and assaulted by her husband, mother-in-law, father-in-law and her widow Gotani Guriya Kunwar (petitioner) and they threw the sister of the informant along with her daughter into the Kao river, whose dead bodies were recovered on 05.10.2019 and

Patna High Court CR. MISC. No.85180 of 2019(2) dt.10-01-2020 2/2 their post-mortem examination was done at the Sadar Hospital, Sasaram.

Learned counsel for the petitioner submits that the petitioner is the widow Gotani of the sister of the informant and she used to reside separate to the husband of the sister of the informant but with an ulterior motive, the petitioner has also been falsely implicated in this case without any specific overt act. In fact, due to quarrel with the husband, the sister of the informant along with her female child jumped into the river and died. The husband of the sister of the informant is already in custody.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender by her within six weeks from today, be enlarged on bail on her furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub JudgeIII-cum-Additional Chief Judicial Magistrate, Sasaram, DistrictRohtas, in connection with Baghaila P.S. Case No.50 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T