This order grants bail to petitioner Salita Devi in PS Case 46 of 2017 regarding alleged instigation of suicide. Bail was conditional on surrender within four weeks and furnishing sureties.
Petitioner to be released on bail upon surrender within four weeks upon furnishing bail bonds with two sureties under Section 438(2) CrPC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30654 of 2017
Arising Out of PS.Case No. -46 Year- 2017 Thana -PIRPAINTI District- BHAGALPUR
====================================================== Salita Devi, wife of Ranjeet Chaudhary, resident of Village- Hajoor Nagar, P.S.- Pirpanti, District- Bhagalpur.
.... .... Petitioner/s
Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar Pandey For the Opposite Party/s : Mr. Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 10-07-2017 Heard learned counsels for the petitioner and the
State.
The petitioner apprehends her arrest in connection with Pirpainti P. S. Case No. 46 of 2017 instituted under Sections 306 and 328/34 of the Indian Penal Code.
The allegation, in brief, is that the petitioner and her husband came to the house of the informant and while his daughter was preparing meal, they abused her, as a result of which she committed suicide by taking poison.
Learned counsel for the petitioner submits that petitioner is the aunt of the deceased and the allegation itself speaks that she herself took poison and there is no instigation by the petitioner and her husband, who is also an accused in this, has been granted anticipatory bail by a co-ordinate Bench of this court
Patna High Court Cr.Misc. No.30654 of 2017 (2) dt.10-07-2017
2/2
vide order dated 29.05.2017 passed in Cr. Misc. No. 22182 of 2017.
Having considered the aforesaid facts and
circumstances, let the petitioner, namely, Salita Devi in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Pirpainti P.S.Case No. 46 of 2017; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.
(Arun Kumar, J)
Sujit/-
U
1 issue framed by the court
Whether the petitioner should be released on bail upon surrender within four weeks in connection with the FIR under Sections 306 and 328/34 IPC.
1 provisions across 1 enactments
Salita Devi
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
