Puja Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37724 of 2016 Arising Out of PS.Case No. -72 Year- 2016 Thana -DHAMDAHA District- PURNIA ====================================================== Puja Kumari Wife of Kumar Saurav@Saurav Kumar Jha, Daughter of Gopi Kant Jha Resident of Village- Dhamdaha Uttar tola, Police Station - Dhamdha, District Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jibendra Mishra For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 14-12-2016 Heard the counsel for the petitioner and Mr. Md. Mustaque Alam, APP for the State.

The sole petitioner prays for grant of anticipatory bail in Dhamdaha P.S. Case No. 72 of 2016 registered under section 302 IPC.

In relation to the death of the informant's son, initially an U.D. case (Annexure-3) was lodged in which suspicion was raised against none, stating that there was no external injury on the person of the deceased. Nearly 03 weeks thereafter, the FIR was lodged alleging therein that the informant suspected the hands of the petitioner and other co-accused(s) in commission of crime stating the reasons

Patna High Court Cr.Misc. No.37724 of 2016 (4) dt.14-12-2016 2/3 therefor.

The contention of the petitioner is that merely on the basis of suspicion, the petitioner has been named in the FIR, although in the U.D. case lodged by the informant there was no such suspicion raised. Even in the present FIR, a wild allegation against the petitioner has been levelled that she along with other co-accused(s) conspired to killed his son. It is further submitted that the rest 04 accuseds have been granted anticipatory bail by this Court vide order dated 19.09.2016 passed in Cr. Misc. No. 38333 of 2016. The petitioner has no criminal antecedents.

Considering the above, let the petitioner named above, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sri L.B. Paswan, Judicial Magistrate, 1st Class, Purnea in Dhamdaha P.S. Case No. 72 of 2016 (G. R. No. 1110 of 2016) on condition that one of the bailors of the petitioner shall be her own/close family member. In the event of framing of charge, the petitioner shall appear in person on each date fixed at the trial. In case of default in doing so on two consecutive dates, the trial court shall have

Patna High Court Cr.Misc. No.37724 of 2016 (4) dt.14-12-2016 3/3 liberty to cancel her bail bonds and secure her arrest in accordance with law.

(Kishore Kumar Mandal, J) HR/- U T