Anjali Soni Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42367 of 2021 Arising Out of PS. Case No.-33 Year-2021 Thana- KALYANPUR District- Samastipur ====================================================== ANJALI SONI THAKUR Wife of Late Dhanjay Kumar Thakur Resident of Village - Balbhadrapur Khajuri, P.S. Kalyanpur, District - Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Adv.
Mr. Shivam, Adv.
For the State :
Mr. Sanjay Kumar Tiwary, APP For the Informant : Mr. Kaushal Kishore Rishikesh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-03-2022 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code.
As per the prosecution case, it is stated by the informant that his nephew informed him about the death of Dhananjay Kumar Thakur. On reaching the place of occurrence, he found that Dhananjay Kumar Thakur had been killed and hanged from the tree. His daughter-in-law (Anjali Soni Thakur), wife of the deceased as also one Md. Anwar were present near the place of occurrence. The informant states that he suspects the petitioner and Md. Anwar have a hand in the murder of Dhananjay Kumar Thakur.
Patna High Court CR. MISC. No.42367 of 2021(3) dt.24-03-2022 2/3 It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case on the basis of an unfounded suspicion which has not been substantiated from the material that has transpired in course of investigation. There are no eye witness to the occurrence. The petitioner happens to be the wife of the deceased and subsequent to the death of her husband, she is being implicated in the case for oblique reasons. The petitioner who is a lady is in custody since 3.3.2021, chargesheet has been submitted and she undertakes to cooperate in the trial.
The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that material has transpired in course of investigation to connect the petitioner with Md. Anwar, the communication between them on telephone as also their illicit relations which led to the murder of Dhananjay Kumar Thakur.
Having heard learned counsel for the parties and taking into consideration the facts of the case, the material that has transpired in course of investigation, there being no eye witness to the occurrence and in view of the petitioner having remained in custody for more than 1 year, the Court directs the
Patna High Court CR. MISC. No.42367 of 2021(3) dt.24-03-2022 3/3 petitioner to be enlarged on bail in connection with Kalyanpur P.S. Case no.33 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 Chief Judicial Magistrate, Samastipur.
(Partha Sarthy, J) Saurabh/- U T