Banadana Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47531 of 2022 Arising Out of PS. Case No.-93 Year-2009 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Banadana Kumari W/o Sunil Kumar @ Sunil Kumar Yadav Resident of Village - Saino , P.S.- Jagdishpur, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Davendra Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Jagdishpur P.S. Case No. 93 of 2009 lodged under Sections 302/34 of the I.P.C. and Section 27 of the Arms Act. As per the prosecution case, the informant (mother of the petitioner) filed criminal case against 2 named accused persons alleging that she saw these 2 named accused persons fleeing away from the place of occurrence. When she reached at the spot, she found that her husband was injured by firearm. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 06.06.2022 having clean antecedent. He also submits that petitioner's name has been figured in the F.I.R. by virtue of investigation and during

Patna High Court CR. MISC. No.47531 of 2022(3) dt.24-11-2022 2/2 investigation it has come that petitioner was in a love affair with one Sunil Kumar Yadav and this love affair was opposed by the deceased father. Learned counsel submits that there is only suspicion against the petitioner and no cogent material has been found.

Learned counsel for the State opposes the prayer for bail and submits that in the rejection order of Sessions Judge, it has come that in the murder of the deceased father, there is involvement of the petitioner and her mother because the deceased father used to oppose the love affair relation of his daughter/petitioner. He further submits that completely innocent persons have been named in the F.I.R.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail, therefore, his bail application is hereby rejected. Liberty is hereby granted to the petitioner that he may renew his prayer for bail 9 months after framing of charge and the Trial Court is directed to expedite the trial. (Dr. Anshuman, J.) ashishsingh/- U T