Switi Kumari v. The State of Bihar

Patna HC5 Mar 2024CR. MISC./73445/2023

Case brief

AI extract

What is this about?

Patna High Court; CRIMINAL MISCELLANEOUS No.73445 of 2023; Switi Kumari v. The State of Bihar; anticipatory bail; Section 438(2) Cr.P.C.; Sections 306 and 34 Indian Penal Code; abetment of suicide; Nawada P.S. Case No. 330 of 2023; parity with similarly situated co-accused; Cr. Misc. No. 35606 of 2023 (order dated 21.07.2023); bail bond Rs. 25,000/- with two sureties; Honourable Mr. Justice Anjani Kumar Sharan; decided 05-03-2024.

What did the court decide?

Anticipatory bail granted: petitioner to be released on bail upon arrest or surrender before the learned Court below within six weeks, on bail bond of Rs. 25,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions, in connection with Nawada (Bundelkhand O.P.) P.S. Case No. 330 of 2023. ¶¶17

Switi Kumari Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73445 of 2023

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Arising Out of PS. Case No.-330 Year-2023 Thana- NAWADA District- Nawada

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======================================================

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SWITI KUMARI D/O PRAMOD PANDIT VILLAGE- GAURAPAR, WARISALIGANJ, PS. WARISALIGANJ, DIST. NAWADA

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Bijendra Kumar, Adv. For the Opposite Party/s : Mr.Manoj Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 05-03-2024

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 306, 34 of the Indian Penal Code.

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The prosecution case, in brief, is that the son of the informant had solemnized marriage with this petitioner and at the time of marriage, the petitioner had illicit relation with another person, namely, Viru Kumar, who used to threaten his deceased son. It is further alleged that when the informant, his wife and his son went to make complaint before father of petitioner about the conduct of his daughter, then they abused them and gave threat, as a result of which, his son committed suicide in his house.

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Patna High Court CR. MISC. No.73445 of 2023(3) dt.05-03-2024 2/3

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It is submitted by learned counsel for the petitioner that petitioner is quite innocent and he has committed no offence. No such occurrence as alleged ever took place. She has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. On the basis of allegation made in the FIR, it cannot be said that the petitioner had provoked the son of the informant for committing suicide. Similarly situated co-accused have been enlarged on bail by a co-ordinate bench of this court vide order dated 21.07.2023 passed in Cr. Misc. No. 35606 of 2023. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

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Learned APP for the State opposes the prayer for bail.

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Having regard to the facts and circumstances of the case, as similarly situated co-accused have been granted anticipatory bail, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Nawada

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Patna High Court CR. MISC. No.73445 of 2023(3) dt.05-03-2024 3/3

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(Bundelkhand O.P.) P.S. Case No. 330 of 2023, subject to the

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condition as laid down under Section 438 (2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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divyanshi/-

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U T

Switi Kumari v. The State of Bihar

Case brief

What is this about?

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Switi Kumari v. The State of Bihar

Case brief

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