Priyanka Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26758 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- MUFFASIL District- Aurangabad ====================================================== Priyanka Singh W/o Ashwini Singh R/o vill - Gorkati, P.s. - Obra, Distt. - Aurangabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aman Vishal, Adv.
For the Opposite Party/s :
Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner as well as learned counsel for the informant and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Aurangabad Muffasil P.S. Case No. 14 of 2024 dated 13.01.2024, instituted for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.
3. The petitioner along with co-accused Vivek Kumar Singh is alleged to have committed murder of informant's brother Sachin Kumar Singh and threw his dead body on road with intent to destroy the evidence of crime.
4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this case. It is submitted that on the alleged date of occurrence, the
Patna High Court CR. MISC. No.26758 of 2024(3) dt.31-07-2024 2/3 deceased was driving motorcycle in inebriated state and on the way he met with an accident and died, which is apparent from the F.I.R.. The post-mortem report of the deceased shows one lacerated wound over forehead, compound fracture of frontal bone (5''x1.5'' upto bone depth), fracture of both bone of left forearm, fracture of shaft both femur etc. The cause of death has been pointed out by the doctor due to hemorrhage, coma and shock caused by above mentioned injuries. The petitioner has no concern with the alleged occurrence. Only due to suspicion, the petitioner has been made accused in this case. The petitioner is a married women and she filed a matrimonial case bearing Case No. 341 of 2023 against her husband for divorce as she was in love with the deceased and they were willing to get married due to this reason the petitioner has been made accused in this case. Lastly, it has been submitted that she has no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Learned counsel for the informant opposed the prayer for bail of the petitioner. It is submitted that a sanha report was recovered from the bag of the deceased which reveals that there was some dispute between the petitioner and
Patna High Court CR. MISC. No.26758 of 2024(3) dt.31-07-2024 3/3 the deceased.
7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Aurangabad Muffasil P.S. Case No. 14 of 2024, she shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad, subject to condition as laid down under Section 438(2) of the Cr.P.C..
(Khatim Reza, J) prabhat/- U T