Jitendra @ Jitendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8606 of 2021 Arising Out of PS. Case No.-181 Year-2020 Thana- DARIYAPUR District- Saran ====================================================== 1.

Jitendra @ Jitendra Singh Son Of Krishna Singh R/O Village- Saidpur, P.S.- Doriganj, District- Chapra (SARAN).

2.

Kusham Devi Wife Of Krishna Singh R/O Village- Saidpur, P.S.- Doriganj, District- Chapra (SARAN).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha, Adv.

Mr. Nagadeo Choubey, Adv.

For the Opposite Party/s :

Mr. Anil Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2021 Learned counsel for the petitioner seeks permission to withdraw this application with regard to petitioner no. 1. Permission is granted.

Accordingly, this application is dismissed as withdrawn with regard to petitioner no. 1.

This application survives only in respect of petitioner no. 2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

Patna High Court CR. MISC. No.8606 of 2021(2) dt.13-12-2021 2/3 The petitioner is apprehending her arrest in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that husband of the deceased has already been granted regular bail by this Court and petitioner is the mother-in-law of the deceased. He submits that postmortem report has not supported the prosecution story. He submits that after investigation, police has submitted chargesheet under Section 306 of the Indian Penal Code. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposed the prayer for bail.

Considering the facts and circumstances of the case and the fact that petitioner is the mother-in-law of the deceased, the above named petitioner in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.8606 of 2021(2) dt.13-12-2021 3/3 learned court below where the case is pending/successor court in connection with Dariyapur P.S. Case No. 181 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T