Puja Kumari @ Puja Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11935 of 2022 Arising Out of PS. Case No.-399 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== Puja Kumari @ Puja Devi D/o Ram Lal Paswan R/o Village- Serna, P.S.- Kanti, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar For the Opposite Party/s :

Mr. Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending her arrest in connection with Kanti P.S. Case no. 399 of 2021 instituted for the offence under Sections 302/34 of the Indian Penal Code. The allegation against the petitioner is murder of the deceased who was the brother of informant.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. She has falsely been implicated in this case. There is no specific material against the petitioner that she committed the murder and no any eye-witness of this occurrence. It is further submitted that the deceased was husband of the petitioner and

Patna High Court CR. MISC. No.11935 of 2022(3) dt.01-11-2022 2/2 he was suffering from acute stomach pain on the date of occurrence for which he had been treated at PHC, and further referred to S.K.M.C.H., Muzaffarpur which is mentioned in para 7 of the petition. Postmortem Report also did not opine about the complicity of death of deceased. She has got no criminal antecedent.

Learned APP appearing for the state has vehemently opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of her arrest or surrender in connection with Kanti P.S. Case no. 399 of 2021, she will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 2nd (West), Muzaffarpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U