Chandani Singh @ Chandani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22479 of 2022 Arising Out of PS. Case No.-122 Year-2021 Thana- MADHEPUR District- Madhubani ====================================================== CHANDANI SINGH @ CHANDANI DEVI W/o Niranjan Singh Resident of Village- Bhith Bhagwanpur, P.S.- Madhepur, District- Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Baleshwar Kamat, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 363 of the Indian Penal Code to which sections 302, 201 and 120B of the Indian Penal Code were added subsequently.

As per the prosecution case, the informant states in the F.I.R. that her husband returned in an intoxicated state, asked her for money and on her not giving the same because she did not have any money, she was abused and thereafter her husband left home. He was not to be found.

It is submitted by learned counsel for the petitioner that the petitioner happens to be the informant in the case. She was subsequently falsely implicated in course of investigation. There are no eye witness to the alleged occurrence. She is in

Patna High Court CR. MISC. No.22479 of 2022(4) dt.11-01-2023 2/2 custody since 2.8.2021 and investigation in the case has concluded.

The application for bail is opposed by learned A.P.P. for the State who submits that in course of investigation, it transpired that the petitioner had murdered her husband with the help of her paramour and she confessed her guilt. Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation, there being no eyewitness to the alleged occurrence, the so called confession being made before the police, the petitioner being in custody for more than 1 year 5 months since 2.8.2021 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Madhepur P.S. Case no.122 of 2021 (G.R. no.1277 of 2021) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate II, Jhanjharpur, District-Madhubani.

(Partha Sarthy, J) Saurabh/- U