Putul Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18794 of 2019 Arising Out of PS. Case No.-243 Year-2018 Thana- UCHKAGAON District- Gopalganj ====================================================== PUTUL DEVI, D/o Sri Raj Bahadur Singh, Resident of Village- Vrindawan, P.S.- Thave. Dist- Gopalganj ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Naresh Chandra Verma For the Opposite Party/s :
Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-06-2019 Petitioner seeks bail in anticipation of her arrest in connection with Uchkagaon P.S. Case No. 243 of 2018 registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
Prosecution case as per FIR is that sister of the informant was married with co-accused Keshav Singh, who had illicit relationship with the petitioner and there was threatening to the sister of the informant and he came to know that two persons, including the petitioner assaulted her and due to which she died.
Submission of learned counsel for the petitioner is that there is no specific allegation against the petitioner and she is the second wife of co-accused and as such she has falsely been implicated in this case.
Patna High Court CR. MISC. No.18794 of 2019(4) dt.18-06-2019 2/2 Heard learned APP and learned counsel for the informant, who has opposed the prayer for anticipatory bail on the ground that son of the deceased, who is an eye-witness to the occurrence, disclosed the hand of the petitioner in the said killing and the statement made in paragraph-26 of the case diary supports the post mortem report and four injuries were found on the person of deceased.
In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. However, if petitioner surrenders and makes prayer for regular bail, the same shall be considered on its own merit, without being prejudiced by this order.
With the above observation, this application is dismissed.
(Vinod Kumar Sinha, J) spal/- U T