Pushpa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39883 of 2019 Arising Out of PS. Case No.-206 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== PUSHPA DEVI Wife of Krishna Mohan Singh @ Tali Singh Resident of Village- Parsa, P.S.- Naubatpur, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parashuram Singh For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-06-2019 Heard both sides.

The petitioner apprehends her arrest in Naubatpur P.S. case No. 206 of 2019 registered under Section 302, 120B/34 of the IPC and u/s 27 of Arms Act.

It appears that informant, husband of deceased, on the basis of disclosure made by his son, disclosed that Pappu Singh shot his wife dead but in the later part of FIR the informant also disclosed the name of petitioner as a party to conspiracy of murder of his wife along with other accused persons. The learned counsel for the petitioner submits that there is no material against the petitioner showing that petitioner hatched up any conspiracy. Pappu Singh killed the wife of informant. The brother-in-law (Sarhu) of the informant was also killed earlier but in that case also the name of petitioner did not appear.

Mr. Ramchandra Singh, the learned APP, however, opposed the prayer for anticipatory bail.

It appears from perusal of the FIR itself that it was

Patna High Court CR. MISC. No.39883 of 2019(2) dt.28-06-2019 2/2 Pappu Singh who shot wife of informant dead in the house of informant. Save and except the fact that informant named the petitioner, the informant did not allege any overt act or any fact showing any conspiracy hatched up by the petitioner, who is a lady, in pursuance of which Pappu Singh committed murder. Considering the facts aforesaid and nature of allegation made against the petitioner and the fact that petitioner is a lady, the petitioner, above named, in the event of her arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Danapur, Patna in connection with Naubatpur P.S. case No. 206 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T