Shobha Devi @ Shobha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9729 of 2021 Arising Out of PS. Case No.-190 Year-2020 Thana- ATHMALGOLA District- Patna ====================================================== Shobha Devi @ Shobha Kumari aged about 49 years Wife Of Anant Kumar Singh Resident Of Village- Saristapur P.S. Athmalgola, District- Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Krishna Pd.Singh, Sr. Advocate and Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Birendra kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-05-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.

As per the prosecution case, son of informant's sister Anmol Kumar, aged about 5 years, went to the house of the petitioner at about 10 am but when he did not return, search was made and his dead body was recovered from a pond near the house of the petitioner. Informant further suspected that all the FIR named accused persons including this petitioner killed the child and threw the dead body in pond.

Learned counsel for the petitioner submits that the death of Anmol Kumar is accidental but the petitioner has been

Patna High Court CR. MISC. No.9729 of 2021(2) dt.31-05-2021 2/3 implicated in this case due to enmity and on suspicion. It is also submitted that in fact co-accused Arti Devi had solemnized love marriage with the son of the sister of the informant against their wishes and the relation was not good and taking advantage of the instant accidental death of Anmol Kumar, petitioner has been implicated in the case. There is no eye witness of the occurrence. Petitioner has claimed clean antecedent and she is in custody since 27.8.2020. Considering the facts and circumstances of the case and the fact that no incriminating material has been collected against the petitioner, save and except suspicion, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Barh, Patna in Athamalgola Police Station Case No. 190 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.9729 of 2021(2) dt.31-05-2021 3/3

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T