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[Cites 5, Cited by 0]

Patna High Court - Orders

Shilpa Kumari vs The State Of Bihar on 25 February, 2020

Author: Shivaji Pandey

Bench: Shivaji Pandey

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.370 of 2020
                        Arising Out of PS. Case No.-396 Year-2019 Thana- RAJAON District- Banka
                 ======================================================
           1.     Shilpa Kumari, female, aged about 19 years, D/o Ajay Kumar Singh @ Ajay
                  Kumar.
           2.    Snehlata Devi @ Lakho Devi, female, aged about 41 years, wife of Ajay
                 Kumar Singh @ Ajay Kumar.
           3.    Ajay Kumar Singh @ Ajay Kumar, male, aged about 45 years, Son of
                 Balram Singh.
           4.    Priya Ranjan @ Ranjan Kumar, male, aged about 18 years, Son of Ajay
                 Kumar Singh @ Ajay Kumar
                        All are resident of Village - Rajoun, P.S.- Rajoun, Distt.- Banka.
           5.    Meltan Kumar @ Meltan Kumar Singh, male, aged 45 years, Son of
                 Ntyananad Singh Resident of Village - Tetariya, P.S.- Balbadda, Distt.-
                 Godda (Jharkhand).
           6.    Ravi Ranjan @ Mohit Kumar, male, aged about 18 years, Son of Triveni
                 Singh @ Triveni Prasad Singh @ Bulbul, Resident of Village - Rajoun, P.S.-
                 Rajoun, Distt.- Banka.
           7.    Balmuknd Kumar @ Bablu, male, aged about 36 years, Son of Anirudh Rao
                 Resident of Village - Sector-2 Quarter No. A-145, Near Hanuman Mandir,
                 Dhurwa, P.S.- Dhurwa, Distt.- Ranchi (Jharkhand).
           8.    Rajesh Ranjan Son of Ajit Chandra Singh, male, aged 41 years, Resident of
                 Village - Awa Mokhtarpur, P.S.- Sultanganj, Distt.- Bhagalpur.
           9.    Aman Kumar Rao @ Aman Kumar, male, aged 36 years, Son of Gangadhar
                 Rao @ Ganga Prasad Rao Resident of Village - Baratikar, P.S.- Barahat,
                 Distt.- Banka.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ranjan Kumar Jha
                 For the Opposite Party/s :       Mr.Sanjay Kumar Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
                                       ORAL ORDER

2   25-02-2020

Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Rajoun P.S. Case No. 396 of 2019 Patna High Court CR. MISC. No.370 of 2020(2) dt.25-02-2020 2/3 registered for offences under sections 306, 12(B), 372/34 of the Indian Penal Code.

In the present case, the petitioners are made accused on the basis of suicide note found in the book of the deceased son of the Informant wherein it has been stated that the deceased had a physical relationship with Shilpa Kumari for last four years. It has further been stated that said Shilpa Kumari had also illicit relation with different persons including her own family members, whereafter, under the depression, the deceased has committed suicide.

Learned counsel for the petitioners submits that it is a concocted story. Even presumption is created, the petitioners cannot be responsible because it is a case of commission of suicide having no relationship with them.

Looking to the entire facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Rajoun P.S. Case No. 396 of 2019, subject to the conditions as laid down under Section Patna High Court CR. MISC. No.370 of 2020(2) dt.25-02-2020 3/3 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

(Shivaji Pandey, J) rishi/-

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