Suman Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54389 of 2024 Arising Out of PS. Case No.-760 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Suman Kumari Wife Of Jyoti Kumar @ Sudhir Kumar R/V- At Present Village- Balwa Kuari, P.S.- Sadar Hajiur, Distt.- Vaishali, Bihar, Prermanent Resident Of Manjhauli, P.S.- Bidupur, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Kumar Tiwari, Advocate For the State :

Mr. Yogendra Kumar, APP For the Informant :

Mr. Shivjee Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-11-2024 Learned learned counsel for the petitioner, learned APP for the State, learned counsel for the informant and perused the case diary.

2.

The petitioner seeks bail in Hajipur Sadar P.S. Case No. 760 of 2023, instituted for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

The prosecution case, in short, is that, while informant was sleeping, some unknown miscreants entered into her house and shot dead her husband and fled away from the spot.

4.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.54389 of 2024(5) dt.22-11-2024 2/3 petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for he petitioner further submits that the petitioner is not named in the FIR and in fact, she herself is informant of the case. Name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused, namely Prabhat Kumar, and the same has no evidentiary value in the eye of law. The petitioner is in custody since 06-01-2024 and has got no criminal antecedent.

5.

Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner. Referring to paragraph No. 78 of the case diary, it is submitted that petitioner has confessed her guilt and she is the conspirator of the alleged occurrence. Hence, the petitioner does not deserve the privilege of bail. Prayer for bail of other co-accused has been rejected by this Court vide order dated 21-09-2024, passed in Cr. Misc. No. 50373 of 2024. 6.

Considering the nature of accusation against the petitioner and the gravity of offence, this Court is not inclined to grant bail to the petitioner. The prayer is rejected. 7.

The Trial Court is directed to expedite the trial as

Patna High Court CR. MISC. No.54389 of 2024(5) dt.22-11-2024 3/3 expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T