Putul Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16335 of 2023 Arising Out of PS. Case No.-279 Year-2021 Thana- CHANDAUTI District- Gaya ====================================================== PUTUL DEVI Wife of Gendu Chaudhary Resident of Village - Kewali, P.S.- Chandauti, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP.

Mr. Arun Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-09-2023 Heard learned counsels for the parties.

2. Petitioner apprehends her arrest in connection with Chandauti P.S. Case No. 279 of 2021 dated 13.09.2021, registered for the offence punishable u/s 302, 34 of the IPC, pending in the court of C.J.M. Gaya.

3. Allegedly, petitioner had illicit relations with the informant's husband and due to some dispute, petitioner committed murder of the informant's husband.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. She has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that cause of the death of the informant's husband is consumption of

Patna High Court CR. MISC. No.16335 of 2023(5) dt.18-09-2023 2/2 THIMET, which is used to kill pest in agriculture and is highly poisonous, as mentioned in Viscera Report. Petitioner has no role in the alleged occurrence. Her name has been transpired in the present case merely on suspicion. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposes the prayer for bail and submits that petitioner is involved in the present case.

6. Considering the facts and circumstances of case, as there is sufficient material available in the case diary to indicate the complicity of the petitioner in the present case, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.

7. However, if petitioner surrenders before the learned Court below within six weeks from today and seeks regular bail, the learned Court below shall pass order on the same day in accordance with law without being prejudiced by this order considering the fact that petitioner is a lady. (Anjani Kumar Sharan, J) divyanshi/- U T