Nishu Kumari @ Nisha Kumari @ Nisha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23769 of 2024 Arising Out of PS. Case No.-884 Year-2023 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Nishu Kumari @ Nisha Kumari @ Nisha Daughter of Sri Laxman Yadav @ Laxman Yadav Resident of Village- Manikpur, Balua Tola, P.S.- Gopalganj Town, Dist.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-08-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Gopalganj Town P.S. Case No. 884 of 2023 for the offences punishable under Sections 302/34 of the Indian Penal Code.

3. The allegation against the petitioner is that she was involved in commission of murder of informant's brother Ajay Kumar Yadav (deceased) with whom she was allegedly in love affair. It is also alleged that the petitioner along with family members committed murder of the deceased.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that even if even if it is

Patna High Court CR. MISC. No.23769 of 2024(5) dt.19-08-2024 2/3 assumed to be true that she was in love with the petitioner. She is not supposed to have committed murder of her beloved. He has also submitted that the statement of the petitioner cannot be said to be confessional statement as she did not confess her guilt in her statement. She has stated that the deceased was teasing her and on the date of occurrence, he misbehaved with the petitioner in drunken condition and also made pressure upon her for physical relation and on denial he inflicted assaults on himself with butt of the pistol and wrapped his banian around his neck and after stretching it, he became unconscious and died.

5. On the other hand, learned counsel for the informant and learned APP for the State have opposed the prayer for bail by submitting that the petitioner had some conversations with the co-accused persons.

6. Considering the above-mentioned facts and circumstances as well as the clean antecedent of the petitioner, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned ACJM-X Gaya in connection with Gopalganj Town P.S. Case No. 884 of 202, subject to the following conditions:-

Patna High Court CR. MISC. No.23769 of 2024(5) dt.19-08-2024 3/3 (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Nirmal/- U T