Dilip Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50709 of 2021 Arising Out of PS. Case No.-192 Year-2021 Thana- JAHANABAD District- Jehanabad ====================================================== SHOBHA DEVI @ KANTI DEVI @ KANTI W/o- CHANDRA SHEKHAR PASWAN Presently Resident of House No.208, Mandir Wala Gate Baba Haridas Tekari Kalan Delhi West. Permanent R/o Mahadeo Paswan, VillageArjun Sarathua, P.S.- Khodaganj, District- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar, Adv.
Mr. Sumeet Kumar Singh For the Opposite Party/s :
Mr. A.L. Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-05-2022 Heard Mr. Binod Kumar, learned counsel for the petitioner and Mr. Akshay Lal Pandit, learned Additional Public Prosecutor for the State.
Petitioner seeks regular bail in connection with Jehanabad (Kalpa O.P.) P.S. Case No. 192 of 2021 registered for the offence punishable under Sections 302 / 201 / 34 of the IPC.
A headless body of a woman was recovered by the police near a school. A purse was also found lying near the dead body having PAN Card from which Police came to know that the name of victim lady was Anita.
Patna High Court CR. MISC. No.50709 of 2021(3) dt.10-05-2022 2/3 Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case merely because she happens to be the mother of the co-accused / Rajesh Kumar with whom the deceased was having illicit relation. He next submits that during course of investigation the statement of the son of the victim / deceased was recorded in which he has merely stated that the mother of the witness was called to Jehanabad by the petitioner on mobile where dead body of the deceased - Anita Devi was found near a place known as Kalpa Machla. He next submits that mobile of the petitioner was used by her son i.e. the co-accused / Rajesh Kumar and in the confessional statement recorded by the police the petitioner has allegedly stated that she conspired with other accused persons in the murder of the deceased -Anita Devi.
Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that there is no direct involvement of the petitioner in the present case, she has been made accused on the basis of her confessional statement being a part of conspiracy, I am inclined to grant regular bail to the petitioner. Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty
Patna High Court CR. MISC. No.50709 of 2021(3) dt.10-05-2022 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jehanabad in connection with Jehanabad ( Kalpa O.P.) P.S. Case No. 192 of 2021. (Anil Kumar Sinha, J) praful/- U T