Sanya Singh @ Sanya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14773 of 2023 Arising Out of PS. Case No.-180 Year-2022 Thana- MAHNAR District- Vaishali ====================================================== SANYA SINGH @ SANYA DEVI Wife of Jai Shankar Kumar R/vMajleshpur, P.S.- Mahnar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar For the Opposite Party/s :

Mr. Mohammad Sufyan Mrs. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-09-2023 Heard the parties.

2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 328, 302, 34 of the Indian Penal Code.

3. The allegation against the petitioner is that she along with other co-accused persons committed murder of the brother of the informant by giving poison to him.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. She has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the

Patna High Court CR. MISC. No.14773 of 2023(5) dt.08-09-2023 2/2 petitioner. He further submits that there is no eye witness in the present case. Petitioner has been made accused in the present case merely on the basis of suspicion. He further submits that post-mortem report as well as FSL report was called for in the present case but none of the reports have supported the prosecution case. Petitioner has no criminal antecedent.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, 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/Successor Court in connection with Mahua P.S. Case No.180 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T