Veena Kumari @ Vina Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27091 of 2016 Arising Out of PS.Case No. -77 Year- 2016 Thana -AMARPUR District- BANKA ====================================================== Veena Kumari @ Vina Kumari Wife of Bikash Kumar Roy Resident of Village - Salampur, P.S. - Amarpur, District - Banka. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Petitioner is not named in the first information report but in course of investigation, the call details of mobile phone of the petitioner was collected and it came to light that she had sweet relation with one Raushan Kumar. After that Raushan Kumar was arrested and made his confessional statement disclosing this fact that with the help of this petitioner he committed the murder of the deceased. On the basis of confessional statement of co-accused, Raushan Kumar, the weapon as well as Dupatta, which had been

Patna High Court Cr.Misc. No.27091 of 2016 (3) dt.30-08-2016 2/2 used in committing the murder of the deceased, were recovered. Submission on behalf of the petitioner is that the aforesaid recovery has been made on the basis of confessional statement of co-accused, Raushan Kumar which cannot be used against the petitioner in evidence and moreover, investigation against the petitioner has already been completed. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 77 of 2016.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T