Rani Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38200 of 2017 Arising Out of PS.Case No. -32 Year- 2017 Thana -UJIYARPUR District- SAMASTIPUR ======================================================
1. Rani Jha W/o Late Birendra Jha, R/o Village- Salempur, P.S.- Musarigharari, District- Samastipur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhay Kumar, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 17-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends her arrest in connection with Ujiyarpur P.S. Case No. 32 of 2017 registered for the offences punishable under Sections 115/120 (B)/34 of the IPC and under Sections 25 (1-b)a/26/35 of the Arms Act.
The informant has alleged that he got a secret information that the petitioner has hired some notorious criminal of Begusarai namely Dhananjay Isser and others for the murder of Manoranjan Kumar Giri, Mukhiya of Kharihar Gram Panchayat. On this information, police reached at the place of occurrence and apprehended the accused persons. It is further alleged that one Kanhaiya Kumar in his confessional statement disclosed that he
Patna High Court Cr.Misc. No.38200 of 2017 (02) dt.17-08-2017 2/3 was hired by this petitioner to commit murder of Manoranjan Kumar Giri for which this petitioner had given him Rs. 2,00000/-. Learned counsel for the petitioner submits that nothing has been recovered from possession of the petitioner. He further submits that the informant lodged the present case against this petitioner at the instance of Manoranjan Kumar Giri who has committed murder of her husband for which Ujiyarpur P.S. Case no. 42 of 2012 was registered against the Manoranjan Kumar Giri, Thereafter, the said Manoranjan Kumar Giri conspired and committed murder of her son for which Shastri Nagar (Patna) P.S. Case No. 161 of 2017 was lodged. The said Manoranjan Kumar Giri again got murdered one of her relative namely Vijay Isser, for which Bachhwara P.S. Case No.
49 of 2017 was registered. The last rites of the son of petitioner was performed on 25.03.2017 and in the same night police arrested her elder son and forcibly took his confessional statement, on the basis of which this petitioner has been named. The petitioner has clean antecedent and so she deserves anticipatory bail.
Learned Additional Public Prosecutor opposed the aforesaid submission.
On perusal of FIR and submission of the petitioner I find in all the three murder case relating to husband, son and relative, one
Patna High Court Cr.Misc. No.38200 of 2017 (02) dt.17-08-2017 3/3 Manoranjan Kumar Giri is the main accused who is at inimical term with the petitioner. It further appears that nothing has been recovered either from her possession or even from her house and she has no criminal anticident.
Considering the facts and circumstances, as stated above, this application for anticipatory bail is allowed. The petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail 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 Sub Divisional Judicial Magistrate, Dalsingsarai, Samastipur in connection with Ujiyarpur P.S. Case No. 32 of 2017, subject to the condition as laid down under Section 438 (2) of the Criminal Procedure Code.
(Sanjay Kumar, J) khushbu/- U T