Puja Singh @ Puja Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38335 of 2023 Arising Out of PS. Case No.-436 Year-2022 Thana- AMAS District- Gaya ====================================================== PUJA SINGH @ PUJA DEVI Wife of Dhiraj Singh Resident of Sri Nagar, P.S.- Tharthari, District - Nalanda (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arya Achint, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner is in judicial custody in connection with Amas P.S. Case No.436 of 2022 instituted under Sections 302,363 and 365 of the IPC lodged on 29.10.2022 by the informant Shankar Sao.

As per the FIR, the informant gave a written report before the police that his son used to work in a shop but on the alleged night he did not come his house. Informant searched everywhere but he could not found his son. Accordingly, the FIR.

The submission of the learned counsel for the petitioner is that only on the basis of suspicion she has been dragged in this case on the ground that she was found to be talking to the deceased. It is the contention of the learned

Patna High Court CR. MISC. No.38335 of 2023(2) dt.07-07-2023 2/3 counsel for the petitioner that her name has come in the confessional statement of co-accused after which she was taken into custody since 05.11.2022 (as stated in para-12 of the petition) Learned APP opposes the prayer for bail stating that his name has come in the confessional statement. Considering the fact that she is a lady, having no criminal antecedent, has remained in custody since 05.11.2022, this Court is inclined to grant him privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Amas P.S. Case No.436 of 2022 to the satisfaction of learned Judicial Magistrate, Sherghati, Gaya, subject to following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioner shall in no way try to induce or

Patna High Court CR. MISC. No.38335 of 2023(2) dt.07-07-2023 3/3 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Prakash Narayan U T