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Patna High CourtCR. MISC./59970/2021bail rejected

Priyanka Devi v. The State Of Bihar

2022-08-02Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59970 of 2021 Arising Out of PS. Case No.-111 Year-2020 Thana- SANDESH District- Bhojpur ====================================================== 1.

PRIYANKA DEVI W/o Arvind Kumar R/o village- Phulari, P.S.- Sandesh, District- Bhojpur 2.

Janki Devi @ Janako Devi W/o Ram Sumir Yadav R/o village- Phulari, P.S.- Sandesh, District- Bhojpur 3.

Rajesh Singh S/o Ram Sumir Yadav R/o village- Phulari, P.S.- Sandesh, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2022 Earlier vide order dated 21.06.2022, the petition of petitioner nos.2 and 3 has already been dismissed as withdrawn. Heard learned counsel for the petitioner no.1 and learned APP for the State and perused the case diary. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363, 302, 201, 120(B) and 365 of the Indian Penal Code. It is a case of abduction of the victim and thereafter she was allegedly murdered by the accused persons along with the petitioner no.1. During investigation, vide para-22 of the case diary, the brother of the deceased, namely, Vidya Nand

Patna High Court CR. MISC. No.59970 of 2021(3) dt.02-08-2022 2/3 Singh stated before the police that the deceased got married with co-accused Pramod Kumar and co-accused Pramod Kumar had illicit relation with this petitioner no.1 and petitioner no.1 and other co-accused persons started torturing and harassing to the deceased in demand of a motorcycle and other gold items as dowry and due to non-fulfilment of their dowry demand, the accused persons along with this petitioner no.1 murdered and thrown the dead body in the well.

It is submitted by learned counsel for the petitioner that the petitioner no.1 has falsely been implicated in this case. He further submits that he has no concern with the commission of the murder of the deceased.

Learned APP appearing for the State opposed the anticipatory bail of the petitioner no.1 and submitted that there is direct allegation in the commission of the murder of the deceased because she has illicit relation with the husband of the deceased due to which deceased was murdered and thrown the dead body in the well.

After considering the facts and circumstances of the case and the nature of the offence which is very heinous, I am not inclined to grant anticipatory bail to the petitioner no.1, namely, Priyanka Devi.

Patna High Court CR. MISC. No.59970 of 2021(3) dt.02-08-2022 3/3 Prayer for bail of petitioner no.1, namely, Priyanka Devi is rejected.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T