Swati Kumari @ Pammi Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37491 of 2022 Arising Out of PS. Case No.-103 Year-2018 Thana- KORHA District- Katihar ====================================================== Swati Kumari @ Pammi Kumari Wife Of Late Rakesh Ranjan R/O VillageBinodpur, Ward No.-37, P.S.- Katihar Town, District- Katihar ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Kundan Kumar Singh, Advocate For the Opposite Party :

Mr.Ram Sumiran Rai, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-11-2022 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in a case registered for the offence punishable under sections 394/302 of the Indian Penal Code.

Prosecution case is that informant's son-in-law was shot near Kheriya Hatia at NH 81 and he later on died during treatment. Motorcycle and purse containing cash about Rs.8000/- of the victim were also found missing from the spot. Learned counsel for the petitioner submits that the FIR is against unknown and petitioner is none else but wife of the deceased. It is further submitted that her name has come in the case after four years of occurrence during investigation and the only material against her is that at the relevant time, on phone she was in conversation with other accused persons including her relative Avinash Kumar, who has also been made accused in this case. Besides this, no other tangible evidence has been collected during course of investigation to suggest the implication of this petitioner in the present case. Petitioner is a lady having no criminal antecedent.

Patna High Court CR. MISC. No.37491 of 2022(2) dt.17-11-2022 2/2 Considering the aforesaid facts of the case as also the weak material collected against the petitioner during investigation, her prayer for bail is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in Korha Police Station Case No. 103 of 2018, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T