Beauty Kumari @ Anushka Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43572 of 2024 Arising Out of PS. Case No.-94 Year-2023 Thana- BHAGWANPUR District- Begusarai ====================================================== Beauty Kumari @ Anushka Ray D/O Amitesh Anand @ Pankaj Yadav RESIDENT OF JHANDAPUR, P.S.- BIHPUR, DISTRICT- BHAGALPUR ... ... Petitioner/s

Versus

The State Of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rahul Singh For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-01-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in connection with S.C. No. 182 of 2024 arising out of Bhagwanpur P.S. Case No. 94 of 2023 registered for the offence under Section 302/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is the wife of the deceased and she is alleged to have killed the deceased along with her paramour Dilkhus who is already in custody.

4. From the post-mortem report, it appears that it may be a case of accidental death which happen because of falling from train.

5. It has been submitted by the learned counsel for

Patna High Court CR. MISC. No.43572 of 2024(6) dt.28-01-2025 2/3 the informant that the petitioner and Dilkhus Kumar were having illicit relationship and were in constant touch on mobile phone and therefore, it is clear that the petitioner has also participated in the killing of the deceased and also submitted that the co-accused Dilkhus is already in jail since 13.04.2023.

6. Learned counsel for the petitioner further submits that out of nine witnesses, one witness has been examined.

7. In view of the aforesaid facts of the case and also considering the period of custody, this application is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge,II, Begusarai in connection with S.C. No. 182 of 2024 arising out of Bhagwanpur P.S. Case No. 94 of 2023.

9. As a condition of this order, the petitioner, after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on each and every date fixed by the trial Court. Non-compliance of the condition will result in cancellation of the bail bonds of

Patna High Court CR. MISC. No.43572 of 2024(6) dt.28-01-2025 3/3 the petitioner. The informant is also directed to co-operate in the trial and will examine the witnesses on the dates fixed.

10. It is made clear that the observations made in this order are for the purpose of bail and the same should not be relied upon by either side in the trial.

(Sandeep Kumar, J) Vikas/- U