Phula Devi @ Fula Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47006 of 2023 Arising Out of PS. Case No.-110 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Phula Devi @ Fula Kumari, Wife of Amarjeet Kumar, Resident of VillageChaturangpur Kadhaniya, P.S.- Mahua, Dist- Vaishali ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2.

The accused/petitioner seeks bail in connection with Mahua P.S. Case No.110 of 2023 registered for the offences punishable under Sections 302, 201 and 120-B read with 34 of the Indian Penal Code.

3.

The accused/petitioner is not named in the FIR and is in custody since 06.04.2023.

4.

Allegation against the petitioner is to commit murder of daughter of informant along with unknown coaccused persons where her dead body was found near Bishunpur Madhaul on 24.02.2023.

5.

It is submitted by learned counsel that name of petitioner surfaced during the course of investigation on the

Patna High Court CR. MISC. No.47006 of 2023(2) dt.01-08-2023 2/3 basis of confessional statement of co-accused, namely, Shyam Babu Sah, where in furtherance of same, no incriminating material recovered/surfaced during the course of investigation as to connect petitioner prima facie with present occurrence of murder. It is submitted that daughter of informant is a lady of easy virtue and she was in relation with so many people out of said difference, the present occurrence took place. While concluding argument, it is submitted that the petitioner is lady of clean antecedent and moreover investigation of this case has been completed for which, charge-sheet is submitted and, as such, there is no chance of tampering with the evidence. 6.

Learned APP opposes the prayer for grant of bail to the petitioner.

7.

In view of above-mentioned facts and circumstances, as save and except suspicion arises out of confessional statement, nothing incriminating appears against this petitioner to connect him prima facie with present occurrence of murder, who is a lady of clean antecedent, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 06.04.2023, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

Patna High Court CR. MISC. No.47006 of 2023(2) dt.01-08-2023 3/3 two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Vaishali at Hajipur in connection with Mahua P.S. Case No.110 of 2023, subject to the conditions as laid down under Section 437(3) of the CrPC. (Chandra Shekhar Jha, J.) Sanjeet/- U T