Pooja Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44200 of 2024 Arising Out of PS. Case No.-263 Year-2023 Thana- BIRPUR District- Supaul ====================================================== POOJA DEVI W/O- DHANANJAY DAS @ JANANJAY DAS VILLAGETULSI-PATTI, WARD NO -13, P.S. BALUA BAZAR, DISTT- SUPAUL ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Kumar Goutam, Advocate For the State :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2024 Heard Mr. Kumar Goutam, learned counsel appearing on behalf of the petitioner and Mr. Umeshanand Pandit, learned APP appearing for the State.
2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 302, 365, 363 and 34 of the Indian Penal Code.
3. As per prosecution case, that this petitioner, who happens to be wife of informant, was in illicit relations with one Mantu Das. It is alleged that on 14.08.2023, this petitioner called all the F.I.R. named accused persons in her house and with the help of other accused person, she strangulated her minor daughter, namely Gauri Kumari, and also took away the second daughter, namely Sonali Kumari, with her.
Patna High Court CR. MISC. No.44200 of 2024(4) dt.29-08-2024 2/3
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. Informant is not an eye witness of the alleged occurrence and only a suspicion has been raised against this petitioner. As per prosecution case it is alleged that this petitioner killed her own five years old daughter due to extra marital affair, which is baseless and second daughter of informant and this petitioner is still alive and is living with this petitioner. Petitioner claims clean antecedents.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that petitioner is named in the F.I.R. and there is specific accusation that due to extra marital affair, this petitioner, along with other accused person, committed murder of younger daughter of informant. It is further submitted that during course of investigation, it has come that this petitioner was seen running away from the place of occurrence along with two co-accused persons on a motorcycle.
6. Considering the aforesaid facts and circumstances, nature of accusation and materials that have surfaced during course of investigation, the prayer for grant of anticipatory bail
Patna High Court CR. MISC. No.44200 of 2024(4) dt.29-08-2024 3/3 to the petitioner is rejected.
(Prabhat Kumar Singh, J) shashank/- U T