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Patna High CourtCR. MISC./32810/2021bail rejected

Parwati Kumari @ Paro v. The State Of Bihar

2022-05-12Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32810 of 2021 Arising Out of PS. Case No.-612 Year-2019 Thana- KAHALGAON District- Bhagalpur ====================================================== PARWATI KUMARI @ PARO D/o Bijay Mandal Resident of VillageDewari Mahespur, P.S.- Kahalgaon, District- Bhagalpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Adv.

For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-05-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends her arrest in connection with Kahalgaon P.S. Case No. 612 of 2019, registered for the offences punishable under Sections 302, 201, 34, 120(B) of the Indian Penal Code.

As per allegation, in the night of the occurrence Deepak Kumar @ Laddu (deceased), the son of the informant with his nephew Manish Kumar were going for irrigation of the field, meanwhile, Deepak Kumar (deceased) received a telephone call from the petitioner Parwati Kumari. Thereafter, the deceased and Manish Kumar went to the house of the Vijay Mandal. The deceased went on

Patna High Court CR. MISC. No.32810 of 2021(3) dt.12-05-2022 2/3 the roof of Vijay Mandal and Manish Kumar returned there from. Informant went to the house of Vijay Mandal to know whereabouts of his son. Later on, on 10.09.2019 the dead body of his son was found in a river. It has further been stated that the son of the informant had love and affair with the present petitioner and he went to meet her, where the accused persons including the petitioner murdered him by pressing his throat.

Learned counsel for the petitioner has submitted that nobody had seen the alleged occurrence.

On the other hand, learned Addl.P.P. has submitted that in paragraph No. 8 of the case diary, the statement of the Manish Kumar with whom the deceased accompanied was recorded. Manish Kumar, has also named the present petitioner along with other accused person. Learned Addl. P.P. has also submitted that co-accused Putul Devi in paragraph No. 21 of the case diary also named the present petitioner.

It has brought to the notice of the Court that co-accused Putul Kumari in whose confessional statement the name of the petitioner has been figured has been granted regular bail by this Court.

In my view, it is not a fit case for anticipatory bail. Accordingly, it is rejected.

If the petitioner surrenders before the court below and makes a prayer for regular bail, the prayer for bail shall be considered

Patna High Court CR. MISC. No.32810 of 2021(3) dt.12-05-2022 3/3 without being prejudiced by this order as well as the fact that coaccused Putul Devi has been granted regular bail by this Court should also be taken notice of.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T