Puja Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45960 of 2021 Arising Out of PS. Case No.-57 Year-2020 Thana- PALI District- Jehanabad ====================================================== PUJA DEVI Daughter of Kameshwar Vind Resident of Village- Tetariya, P.S.- Pali, District- Jehanabad.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Vyas Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 17-05-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner as well as Shri Shailendra Kumar, learned APP for the State. The petitioner apprehends her arrest in connection with Pali P.S. Case No. 57 of 2020, registered for the offences punishable under Sections 302, 120 (B) of the Indian Penal Code.

As per recitals of the FIR, in the morning of 22.05.2020, Manish Kumar, the brother of the informant, found the dead body of informant's five year son concealed in husk in a semi-built house of Kamla Paswan. After finding the dead

Patna High Court CR. MISC. No.45960 of 2021(3) dt.17-05-2022 2/3 body Manish Kumar started shouting on which the informant went there and saw the dead body of his son. It has been mentioned that there was land dispute between FIR named accused persons including the petitioner and the informant and it was the reason that they have killed his son and concealed his dead body.

Learned counsel for the petitioner has submitted that not the petitioner but Manish Kumar, the brother of the informant, himself has murdered the son of the informant and falsely implicated the petitioner to save his neck. He has submitted further that when the informant came to know the real fact, he filed an application in the Court of learned A.C.J.M., Jehanabad stating therein that although he had lodged a case against the petitioner but on intensive inquiry he came to know that his brother Manish Kumar, had murdered his son and concealed his dead body in the semi-built house. He has also submitted that he was at inimical terms with his brother. Considering the fact that informant himself has filed an application before the court-below stating that his brother was the real culprit, let the petitioner, in the event of her arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.45960 of 2021(3) dt.17-05-2022 3/3 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge-1st, Jehanabad in connection with Pali P.S. Case No. 57 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T