Sukriti Singh Alias Sukriti vs The State Of Jharkhand on 27 July, 2017

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Jharkhand High Court

Sukriti Singh Alias Sukriti vs The State Of Jharkhand on 27 July, 2017

Bench: Anil Kumar Choudhary

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        A.B.A. No. 3268 of 2017
                                 ------
         Sukriti Singh @ Sukriti        .... .... ....   Petitioner
                           Versus
         The State of Jharkhand         .... .... .... Opp. Party

          CORAM      : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

         For the Petitioner    : Mr. D. Krishna, Advocate
         For the State         : Addl. P.P.
                               ------
04/27.07.2017

Apprehending her arrest the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Sukhdeonagar (Pandra O.P.) P.S. Case No.139 of 2017 (G.R. No.1355 of 2017) registered under Sections 302/34 of the Indian Penal Code.

Heard the learned counsel appearing for the petitioner as well as learned Addl. P.P. for the State.

Learned counsel for the petitioner submits that though the allegation made against the petitioner in the F.I.R., lodged by the brother of the first wife of the deceased Chandrahas Singh @ Ravi Singh, is that the petitioner and one Shobhit Ranjan Sen has poisoned the deceased to death by mixing poison in his food but the investigation by the police in this case reveals a different story. It is further submitted that the petitioner lodged an F.I.R. which was registered as Mahila P.S. Case No.7 of 2017 on 16.03.2017 against the brother-in-law (Bhanoi) of the informant namely Rajesh Singh, alleging therein that the said Rajesh Singh attempted to commit rape on the petitioner, outraged her modesty and defamed her by publishing several posts in the Facebook and also committed other offences. Learned counsel for the petitioner drew the attention of this Court to the copy of the seizure-list kept at page no.22 of the brief which shows that the police only seized one poison wrapper of Sulphas of 10mg and steel glass. No food items mixed with poison or any other utensils were seized by the police. It is further submitted by the learned counsel for the petitioner that the statement of the witnesses aoppearing in para 135 and 53 of the case diary which is also corroborated by the CCTV footage about which description has been made in para 59 of the case diary, reveals that the deceased assaulted and pressurized the petitioner to withdraw the said case instituted by her against Rajesh Singh but the petitioner did not agree for the same. After being assaulted by the deceased, the petitioner to ran away from the house save herself. The deceased chased her and pleaded her to come back to the house but the petitioner did not agree for the same and thereafter the deceased threatened to take poison. At which the petitioner told him that he may take poison. Hence, it is submitted that no offence punishable under Section 302 and 34 of the I.P.C. is made out against the petitioner. The petitioner is the mother of the two daughters of seven years and two and half years old. There is no one to look after them as their father has already died. Hence, the petitioner may be given the privilege of anticipatory bail.

Learned Addl. P.P. appearing on behalf of the State opposes the prayer for anticipatory bail of the petitioner but fairly concedes that the statement of witnesses and CCTV footage seized by the police during the investigation do not suggested commission of an offence punishable under Section 302 of the I.P.C. against the petitioner.

Considering the submissions of counsels and the aforesaid facts and circumstances of the case, I am inclined to grant privileges of anticipatory bail to the petitioner. Hence, in the event of her arrest or surrender within a period of four weeks from the date of this order, she shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ranchi in connection with Sukhdeonagar (Pandra O.P.) P.S. Case No.139 of 2017 (G.R. No.1355 of 2017) with condition that she will co-operate during investigation and appear before Investigating Officer as and when noticed by him and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Gunjan/-                                             (Anil Kumar Choudhary,
           J.)

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