Puja Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34772 of 2020 Arising Out of PS. Case No.-69 Year-2019 Thana- CHIKSAUR District- Nalanda ====================================================== Puja Devi, aged about 20 years, Gender-Female, wife of late Sonu Paswan resident of village - Masadhi, Police Station - Chiksaura, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyamal Prakash, Advocate For the State :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 20-02-2021 Heard Mr. Shyamal Prakash, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with Sessions Trial No.108 of 2020 arsing out of Chiksaura PS Case No.69 of 2019 dated 08.08.2019, instituted under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act, 1959.

3. The allegation against the petitioner, who is wife of the deceased, is that she had got him killed.

4. Learned counsel for the petitioner submitted that only on the basis of bald suspicion, she has been made accused and that the confessional statement has been recorded by the

Patna High Court CR. MISC. No.34772 of 2020 dt.20-02-2021 2/2 police without having any legal value. It was submitted that the petitioner used to live with the deceased at Delhi and there was no occasion for her to get him killed. It was submitted that other co-accused, who have also given confessional statement, who have also accepted their involvement in killing of the husband of the petitioner, have been granted bail by the Court. Learned counsel submitted that the petitioner is a lady having no criminal antecedent and is in custody since 22.09.2019 with a 21⁄2 years old daughter, who is also with her in jail.

5. Learned APP submitted that the petitioner being the wife has planned the murder of her murder and, thus, she is the main brain behind it and further, that the other co-accused as well as the petitioner have also confessed to the crime.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on bail.

7. Accordingly, the application stands dismissed for the present.

(Ahsanuddin Amanullah, J) J. Alam/- AFR/NAFR U T