Anita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44427 of 2025 Arising Out of PS. Case No.-319 Year-2024 Thana- AMAS District- Gaya ====================================================== Anita Kumari D/O Mahendra Singh Bhokta @ Mahendra Singh Resident Of Village- Baghmarawa, Ps- Amas, District- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Murad Ashraf, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Amas P.S. Case No. 319 of 2024, instituted for the offences punishable under Sections 103(1), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, the petitioner along with other co-accused person has committed murder of informant's husband and threw the dead body in a well.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case and Charge has also been framed against the petitioner. Learned

Patna High Court CR. MISC. No.44427 of 2025(3) dt.25-07-2025 2/3 counsel for the petitioner also submits that the petitioner is nanad of the informant. Learned counsel for the petitioner also submits that the allegation levelled against the petitioner is general and omnibus in nature. The informant is not an eye witness of the said occurrence. It is further submitted that postmortem report of the deceased does not corroborate the allegation as has been levelled against the petitioner and on perusal of the postmortem report, it appears that no external mechanical injuries were present over the body and cause of death has been opined as asphyxia and shock due to drowning. Thus, the allegation of committing murder and throwing the dead body in well is false and fabricated.

It is next submitted that the petitioner was arrested on the basis of suspicion. The petitioner is in custody since 19.09.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 14.07.2025 passed in Cr. Misc. No. 8926 of 2025.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody

Patna High Court CR. MISC. No.44427 of 2025(3) dt.25-07-2025 3/3 undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Amas P.S. Case No. 319 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T