Puja Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11790 of 2024 Arising Out of PS. Case No.-535 Year-2022 Thana- GOVINDGANJ District- East Champaran ====================================================== Puja Kumari D/o Shiv Shankar Singh R/o Village - Gaighat, Dhanki Tola, P.S. - Harsidhi, Dist. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Alka Singh, Adv.

For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with a case registered for the offence punishable u/s 364/365/120(B) & 34 of the IPC.

3.

As per the prosecution case, the petitioner after marriage with the informant's son, used to talk on mobile with one boy Deepak Kumar and he came to the house of the informant, which was noticed and objected by the informant. Thereafter, the brother of the petitioner took her to Gaighat and since then, she was residing there. She used to claim maintenance from the victim and threatened for kidnapping and killing the son of the informant. The deceased had went outside his house and did not return back and the mobile phone of his wife (petitioner) was

Patna High Court CR. MISC. No.11790 of 2024(4) dt.10-04-2024 2/3 found switched off. The in-laws of the deceased, by different mobile numbers are sending messages and threatening to kidnap and kill the family of the informant. It is further alleged that, the petitioner along with other co-accused persons thereafter kidnapped the son of the informant and killed him under a conspiracy.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No such occurrence, in the manner as alleged, has ever taken place. She has been falsely implicated in this case due to ulterior motive. There is no specific allegation against the petitioner. The postmortem report of the deceased suggests that the deceased died due to asphyxia due to hanging. It is submitted that after investigation, the police has filed charge sheet against the accused persons u/s 306 and 34 of the IPC but there is no allegation against the petitioner to tamper the witnesses. The petitioner has no criminal antecedent and has been languishing in custody since 07.10.2023. 5.

Learned APP for the State opposed the prayer for bail by submitting that there is allegation against the petitioner. 6.

Considering the facts and circumstances of this case and the period of custody, the above named petitioner is directed to

Patna High Court CR. MISC. No.11790 of 2024(4) dt.10-04-2024 3/3 be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Govindganj P.S. Case No.535 of 2022.

7.

The petitioner is directed to co-operate in the trial and if she fails to appear on two consecutive dates fixed by the Court below, her bail bond is liable to be cancelled. (Anjani Kumar Sharan, J) pallavi/- U T