Sony Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18494 of 2021 Arising Out of PS. Case No.-296 Year-2019 Thana- SIKARPUR District- West Champaran ====================================================== Sony Khatoon D/o Late Motor Ansari, Resident of Village- Rajpur, Police Station- Shikarpur, District- West Champaran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Sachida Nand Rai, Advocate.
For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 04-01-2022 Heard both the parties through video conferencing. The petitioner seeks bail in anticipation of his arrest in connection with Shikarpur P.S. Case No.296 of 2019 instituted for the offences under Sections 302, 201 and 120(B)/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case as an accused and she has no role to play specially when the husband's statement has already been recorded, who has confessed that he has murdered his wife and also states that he had love affair with the petitioner. Learned counsel submits that merely because the petitioner was having love affair, which she does not admit, she cannot be made co-accused in a case of murder committed by husband of the deceased.
Patna High Court CR. MISC. No.18494 of 2021(2) dt.04-01-2022 2/2 I have considered the submission. Role of lady in instigating her lover to kill his wife cannot be ignored. There can be certain extenuating circumstances, which may invoked the concerned person to kill his own wife as he had love affair with the petitioner with whom he wanted to get married. In the circumstances, interrogation of petitioner is required to be conducted.
Therefore, I am not inclined to grant anticipatory bail to the petitioner and the same is accordingly dismissed. (Sanjeev Prakash Sharma, J) amit/- U T