Anjali Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29444 of 2023 Arising Out of PS. Case No.-156 Year-2021 Thana- BAKHTIYARPUR District- Patna ====================================================== Anjali Devi, Wife of Late Dhirendra Kumar Singh, Resident of VillageRaghopur, P.S. - Bakhtiyarpur, District - Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Anand Kumar, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The accused/petitioner seeks bail in connection with Bakhtiyarpur P.S. Case No.156 of 2021 registered for the offences punishable under Sections 302 read with 34 of the Indian Penal Code and section 27 of the Arms Act. The accused/petitioner not named in the FIR and is in custody since 13.09.2021.

As per the case of prosecution, the petitioner, who was informant of this case alleged initially that co-accused Vikash Kumar committed murder of her husband but, subsequently, during the course of investigation, the said coaccused Vikash Kumar through his confessional statement named this informant as one of the co-accused.

Patna High Court CR. MISC. No.29444 of 2023(3) dt.28-06-2023 2/3 It is submitted by learned counsel that named coaccused Vikash Kumar in collusion with police personnel while recording his confessional statement named this petitioner, who is none but, informant of the present case and widow of deceased. It is submitted that petitioner herself is a victim of circumstances. It is submitted that just to make allegation more convincing, a confessional statement of this petitioner was also recorded by the police after six months of this occurrence and in furtherance of same, a firearm was alleged to be recovered from a shop much far away from the house of this petitioner, whereas occurrence took place at the house of informant/petitioner. While concluding argument, it is submitted that petitioner is a lady of clean antecedent and moreover investigation of this case is completed for which charge-sheet has been submitted and, as such, there is no chances of tampering with the evidence. Learned APP opposes the prayer for bail of the petitioner.

In view of the above-mentioned facts and circumstances, as implication of this petitioner is based upon confessional statement, where in furtherance of same, alleged firearm appears not appeared from the house of petitioner, coupled with the fact that charge-sheet has already submitted,

Patna High Court CR. MISC. No.29444 of 2023(3) dt.28-06-2023 3/3 where petitioner is in custody since 13.09.2021, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-III, Barh, Patna in connection with Sessions Trial No.710 of 2022 arising out of Bakhtiyarpur P.S. Case No.156 of 2021, subject to the conditions as laid down under Section 437(3) of the CrPC.

(Chandra Shekhar Jha, J.) Sanjeet/- U T