Archana Kumari @ Archana Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35924 of 2022 Arising Out of PS. Case No.-248 Year-2021 Thana- HASANPUR District- Samastipur ====================================================== ARCHANA KUMARI @ ARCHANA RAY W/o Late Alok Ray R/o Village - Rampur, P.S. - Hasanpur, Dist.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends her arrest in Hasanpur P.S. Case No. 248 of 2021 registered for the offences punishable under Section 302/34 of the Indian Penal Code pending in the Court of learned A.C.J.M.-IV, Rosera, Samastipur.

Some unknown persons have committed the murder of the deceased by firearm and thrown the dead body near Jagarnathpur Dhala.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. She has

Patna High Court CR. MISC. No.35924 of 2022(3) dt.15-11-2022 2/2 been falsely implicated in this case. Petitioner is not named in the F.I.R. and on the basis of confessional statement of coaccused Kausala Nanad Jha, the petitioner has been made accused in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State vehemently opposing the bail petition submitted that on the confessional statement of three apprehended co-accused the petitioner has been made accused in this case and there is ample material against the petitioner in the case diary, hence she does not deserve anticipatory bail.

Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, the petitioner is directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U T