Khushboo Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5064 of 2023 Arising Out of PS. Case No.-116 Year-2021 Thana- CHAKAND District- Gaya ====================================================== Khushboo Kumari Wife Of Late Deepak Kumar, D/O Karun Paswan R/O Village- Darbar, P.S.- Barachatti, District- Gaya At Present R/O VillageRanapur, P..S- Chakand, District- Gaya ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 328, 379, 120B of the Indian Penal Code.

As per prosecution case, allegation against the petitioner is that she in connivance with other co-accused persons committed murder of the informant's son namely, Deepak Kumar by giving him poison in food.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The present case has been lodged on the basis of suspicion and the petitioner, being wife of the deceased, has falsely been implicated in this case. During course of investigation,

Patna High Court CR. MISC. No.5064 of 2023(3) dt.11-05-2023 2/2 witnesses stated that the deceased has consumed poison himself. And according to F.S.L. report, it appears that Aluminium Phosphide which is known as Celphos has been detected. It is further submitted that minor child of the deceased is accompanied presently with the petitioner. Moreover, the petitioner has got no criminal antecedents and languishing in judicial custody since 9.11.2022.

Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chakand P.S. Case No. 116 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Magistrate, 1st Class, Gaya.

(Sunil Kumar Panwar, J) Amandeep/- U T