LAISHRAM (N) THIYAM (O) SARITA DEVI Vs. OFFICER-IN-CHARGE OF IMPHAL POLICE STATION

JUDGEMENT

(1.) Heard Mr. Dayali Elangbam, learned counsel for the petitioner; Mr. Y. Ashang, learned PP for the State; and Mr. Ajoy Pebam, learned legal aid counsel for private respondent No. 2.

(2.) The petitioner approached this Court under the provisions of Sec. 439 Cr.P.C. praying to release her on bail in connection with F.I.R. No. 125 (04) 2023, IPS U/S 304-B/306/498-A(a)/34 IPC. In the F.I.R., she is one of the accused. Her earlier bail applications being Cril.Misc.(B) Case Nos. 62,63 and 64 of 2023 were rejected by learned Chief Judicial Magistrate, Imphal West, Manipur. After which the present petitioner along with accused No. 1 and 2 filed another bail application being Cril. Misc. (Bail) Case No. 99 of 2023 before the Ld. Session Judge, Imphal West, Manipur and the said bail application was also rejected by the Ld. Session Judge, Imphal West, Manipur vide order dtd. 5/7/2023 while the accused No. 2 i.e. Laishram Bhumika Devi was released on bail.

(3.) Brief facts of the present case is that the present petitioner/accused person is a sole bread earner of the family, having two minor children one 9 year old daughter and 7 years old son, by running a nonprofit base Residential Boarding at her own residence, specially for about 40 down trodden students residing mostly at the remote areas. On 21/4/2023 in the afternoon the petitioner went to the Shija Hospital Langol to discharge her mother (Achoubi) along with her younger brother Rocky. When they returned from the Shija Hospital, her mother asked to separate Rocky and her sister-in-law Bidya (deceased) since Rocky and Bidya indulged in frequent fights where Bidya mostly screamed and shouted and that Rocky and Bidya had very low compatibility and they were very toxic to each other. Bidya(deceased) even ran out of the house shouting and screaming every time they quarrel. Such behavior is shameful in the society as well as locality. Then, the petitioner advised her Father to refrain from further tension in the family and requested her Father to let Rocky and his wife Bidya to have a separate kitchen of their own. The petitioner was of the opinion for separate kitchen of the deceased and her husband for peaceful living in future. Thereafter, Bidya strangulated Bhumika (Accused No. 2) by holding her neck so tightly that she could not free hands from Bidya's hold, hence, the petitioner bited the hand of the deceased women and because of that bite only, Bidya could stop the strangulation. The quarrel lasted for a few hours and there were many physical fights and verbal accusations. The petitioner's sister Omita (Accused No. 1) also came and joined the fight and the situation became tense thereafter. However, the petitioner never instigated nor force her to commit suicide. On 22/4/2023, the petitioner was called upon by the Imphal Police Station in connection with FIR No. 125 (4) 2023, IPS U/S 304-B/306/498-A(a)/34 IPC. As of which the petitioner along with her elder sister namely, Laishram Omita Devi went to Imphal Police Station on the same day at around 4 pm but unfortunately and surprisingly they were arrested in connection with the referred FIR case at the station.