Neha Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50732 of 2024 Arising Out of PS. Case No.-491 Year-2023 Thana- KHAGAUL District- Patna ====================================================== Neha Kumari WIFE OF Late Pappu Kumar Mohalla- Dalluchak, Chargharwa More, Khagaul, P.S.- Khagaul, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dipak Kumar, Advocate For the Informant :
Mr. Pranaya Shankar Sinha, Advocate For the State :
Mr. Uday Chand Pd., Mrs. Pushpa Sinha, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 05-05-2025 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Khagaul P.S. Case No. 491 of 2023, registered for the offences punishable under Sections 302, 120(B) and 34 of the Indian Penal Code and 27 of the Arms Act.
3. The allegation upon the petitioner is that she was married to one Pappu Kumar and she did not like her husband and due to the same she along with one of her lover, namely, Rajan Kumar hatched a conspiracy to kill the brother of the informant, who was subsequently shot dead.
4. Learned counsel for the petitioner submits that the petitioner is the wife of the deceased and she has falsely been
Patna High Court CR. MISC. No.50732 of 2024(9) dt.05-05-2025 2/3 implicated in this case at the instance of the sister of her husband. Learned counsel has further submitted that barring the confessional statement of the petitioner as well as the coaccused Rajan Kumar, there is nothing on record to connect the petitioner with the alleged incident. The learned counsel has further pointed out that in the confessional statement of Rajan Kumar, it has come that the shooter, namely, Rahul Kumar had demanded Rs. one lakh from him and Rajan in his confessional statement has accepted that he had given Rs. 60-65 thousand to the said Rahul Kumar. Lastly, it has been submitted that the petitioner is in custody since 15.01.2024 and the petitioner has clean antecedent. Learned counsel has also stated that coaccused Rajan Kumar has already been granted bail by a Coordinate Bench of this Hon'ble Court vide order dated 24.09.2024, passed in Criminal Misc. No. 40470 of 2024.
5. Learned Additional Public Prosecutor for the State has opposed the prayer for bail.
6. Considering the aforesaid submissions made by the respective parties and taking into account the fact that there is only confessional statement of the petitioner and the co-accused Rajan Kumar on record and the fact that the co-accused Rajan Kumar has already been granted bail by a Co
Patna High Court CR. MISC. No.50732 of 2024(9) dt.05-05-2025 3/3 -ordinate Bench of this Hon'ble Court and also noting the fact that the petitioner is in custody since 15.01.2024, I am inclined to grant the petitioner privilege of regular bail.
7. Accordingly, the prayer for bail is allowed.
8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the court of learned A.C.J.M.-V Danaur, in connection with Khagaul P.S. Case No. 491 of 2023.
(Sourendra Pandey, J) Siwani/- U T