Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1828 of 2025 Arising Out of PS. Case No.-307 Year-2024 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Sunita Devi Wife of Pankaj Singh @ Pankaj Kumar @ Pankaj Kumar Singh Resident of Village- Paspura (Pashpura), Ward No. 17, P.S.- Muffasil, Distt.- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-03-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Muffasil P.S. Case No. 307 of 2024 registered for the offence under Sections 137(2) and 140(3) of the Bhartiya Nyaya Sanhita and later on Section 103(1) of the Bhartiya Nyaya Sanhita was added.

3. The accused/petitioner is not named in the F.I.R. and is in custody since 03.08.2024.

4. As per FIR, a suspicion was raised by the informant that the husband and son of the petitioner alongwith other named co-accused persons killed her 21 years old son due to previous enmity as before couple of days, a threat to kill was advanced by named co-accused persons.

Patna High Court CR. MISC. No.1828 of 2025(3) dt.22-03-2025 2/3

5. Learned Counsel appearing on behalf of the petitioner submitted that the family of the informant was in inimical terms with the family of this petitioner and for said purpose, the husband of petitioner lodged a case against the husband of the informant which was registered as Muffasil P.S. Case No. 276/24, where the deceased was also accused. It is submitted by learned counsel that implication of petitioner is only for the reason that she is the wife of named and main co-accused Pankaj Singh and also the mother of Ankush Kumar. It is submitted that name of the petitioner transpired during the course of investigation as the matter of afterthought while recording re-statement of the informant as to implicate each and every member of the family. While concluding the argument, it is submitted that the petitioner is a lady of clean antecedent and moreover, investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP duly assisted by learned counsel Mr. Krishna Prabhat, appearing on behalf of the informant, while opposing the prayer of bail submitted that the petitioner being the wife and mother of the main co-accused person also advanced threat to face the dire consequences to son of the informant.

7. Considering the facts and circumstances and by

Patna High Court CR. MISC. No.1828 of 2025(3) dt.22-03-2025 3/3 taking note of the fact as petitioner was not named in FIR and she is the lady of clean antecedent, coupled with the fact that investigation of this case is already completed, where petitioner is in custody since 03.08.2024, accordingly, petitioner above named, is directed to be released on bail in connection with Muffasil P.S. Case No. 307 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Begusarai/concerned Court, subject to the conditions as mentioned under Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) veena/- U T