Anamika @ Anamika Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56133 of 2024 Arising Out of PS. Case No.-150 Year-2022 Thana- PATAHI District- East Champaran ====================================================== Anamika @ Anamika Singh Wife of Santosh Singh Resident of - Jihuli, Thana - Patahi, District - East Champaran, presently residing near Janice Petrol Pump, Thana - Kazi Muhammadpur, District - Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Smriti Singh, Adv.
For the Opposite Party/s :
Mr. Dilip Kumar No.1, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-11-2024 Heard Ms. Smriti Singh, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 302, 328, 34 of the Indian Penal Code.
3. Allegedly, petitioner and co-accused Santosh Kumar are said to have administered poisonous food to the husband of the informant. When the informant came to know about the same, she went to Jihuli and took her husband to hospital for treatment, but during course of treatment, he died.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. She has
Patna High Court CR. MISC. No.56133 of 2024(4) dt.14-11-2024 2/3 falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. The real fact is that due to misbehaviour of the informant, her husband was suffering from depression and after his death, the informant has filed this false case against the petitioner and her husband with a view to extort a large amount of money. It is further submitted that FSL report of the petitioner has not supported the prosecution case. Moreover, the statement of the mother of the deceased was recorded in which she has also not supported the prosecution case. There is no ample evidence available in the case diary to show the complicity of the petitioner in the alleged occurrence. Learned counsel further submits that petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case, since there is no ample evidence on record to indicate the complicity of the petitioner, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.56133 of 2024(4) dt.14-11-2024 3/3 satisfaction of the learned Court below where the case is pending/successor Court in connection with Patahi P.S. Case No. 150 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T