Anjali Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54616 of 2023 Arising Out of PS. Case No.-178 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== ANJALI SINGH Wife of Tej Pratap Singh Resident of Village-Bahora Bigha, Police Station-Mufassil (Gaya), District-Gaya. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar, Advocate Mr.. Priya Ranjan, Advocate \ Mr.Tej Narayan Singh, Advocate For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is in judicial custody in connection with Mufassil (Gaya) P.S. Case No. 178 of 2023 registered under Sections 302, 120(B) and 34 of the Indian Penal Code and Section 27 of the Arms Act lodged on 11.02.2023 by the informant, Jyoti Singh.
As per the prosecution story, the informant has alleged that her husband returned and asked for coffee. When she went to the kitchen to prepare the same, heard gun shots , rushed only to see her husband a pool of blood and further he uttered that this petitioner along with her family members have conspired to the said firing. Her husband subsequently,
Patna High Court CR. MISC. No.54616 of 2023(2) dt.25-08-2023 2/3 succumbed to the said injuries. Accordingly, the FIR It is the case of the petitioner that the lady is sister-inlaw (gotni) of the informant and the deceased was brother-inlaw (Bhaisur). She has nothing to do with the alleged occurrence and only because her husband is mentally unsound, with an eye to grab the ancestral property, she has been implicated in the matter. The further submission is that all the family members have been roped in, as accuseds. Learned APP for the State opposes the prayer stating that according to the informant the deceased uttered the name of the petitioner.
Taking into account the submissions put forward by the learned counsel for the parties, the petitioner is a lady, is in custody since 12.02.2023 (as stated in paragraph-15 of the petition), she do not have criminal antecedent, there is no direct involvement of her in the said shooting, FIR lodged and she will be facing the trial, this Court is inclined to grant him privilege of bail.
Let the petitioner be released on bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Gaya in connection with Muffassil (Gaya)
Patna High Court CR. MISC. No.54616 of 2023(2) dt.25-08-2023 3/3 P.S. Case No. 178 of 2023, subject to the following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/- U