Sonam @ Puja @ Pooja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33671 of 2020 Arising Out of PS. Case No.-124 Year-2019 Thana- ARA RAIL P.S. District- Bhojpur ====================================================== SONAM @ PUJA @ POOJA, aged about 23 years (Female), W/o Late Shrawan Yadav, Resident of Mohalla-Dumraon, P.S.-Dumraon, DistrictBuxar. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Ravindra Kumar, Advocate.
For the Opposite Party :
Mr. Mritunjay Kumar Nirala, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in a case for the offence registered under Sections 302, 120(B) of the I.P.C. and 27 of the Arms Act.
The prosecution story, in brief, is that earlier the son
Patna High Court CR. MISC. No.33671 of 2020(2) dt.16-12-2020 2/3 of the informant was married with one Rekha Devi but she died due to illness. Thereafter, he performed second marriage with one Sonam @ Puja (petitioner). The petitioner went to her Maike and thereafter refused to stay at her in-laws house. She said to her husband to live with her in her Maike and threatened to him that she would kill him alongwith his family members. The informant started living with her son-in-law in his cattleshed due to flood. On 04.10.2019 at about 5.00 A.M. in the morning, the owner of his son informed the informant that his son was shot dead at the western side. Upon which, he alongwith his wife and son-in-law went at the place of occurrence and saw the dead body of his son. The informant suspected that the petitioner alongwith her family members might have committed murder of his son.
It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 18.02.2020. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The name of the petitioner has transpired in the present case merely on the basis of suspicion. Except for suspicion, there is no other
Patna High Court CR. MISC. No.33671 of 2020(2) dt.16-12-2020 3/3 substantive evidence to suggest the implication of the petitioner in the present case. Neither there is any eye witness to the alleged occurrence nor there is circumstantial evidence to suggest the participation of the petitioner in the alleged occurrence.
On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Bhojpur at Ara, in connection with Ara Rail P.S. Case No. 124 of 2019. (Sudhir Singh, J) U.K./- U T