Gyani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8106 of 2023 Arising Out of PS. Case No.-237 Year-2021 Thana- ALAMNAGAR District- Madhepura ====================================================== GYANI DEVI Wife of Santosh Mukhiya Resident of Village- Mahadipur, Ward No.-13, P.S.- Alamnagar, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar, Adv.

For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-04-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner apprehends her arrest in connection with Alamnagar P.S. Case No.237/2021, registered for the offence punishable u/s 302/34 of IPC, pending before the Court of learned I/C ACJM-I, Udakishunganj, Madhepura.

3. Allegation against the petitioner is that she under a conspiracy with other accused persons killed one Bindiya Kumari (grand daughter of the informant).

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case merely on suspicion. There is no eye-witness to the allegation occurrence. It is further submitted that the postmortem report shows that the death has

Patna High Court CR. MISC. No.8106 of 2023(2) dt.17-04-2023 2/2 caused as a result of asphyxia, most probably due to hanging. Petitioner is living separately from the informant and her family. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case and considering the nature of offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for grant of bail on her behalf is hereby rejected.

7. However, petitioner is at liberty to surrender before the learned Court below within a period of six weeks from today and seek regular bail and the learned Court below would pass order, preferably, on the same day, without being prejudiced of dismissal of this case and in accordance with law, considering that petitioner is a lady.

8. This application is accordingly dismissed. (Anjani Kumar Sharan, J) pallavi/- U T