Patna High CourtCR. MISC./59141/2024dismissed

Sonam Kumari v. The State Of Bihar

2024-11-20Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59141 of 2024 Arising Out of PS. Case No.-244 Year-2024 Thana- KANTI District- Muzaffarpur ====================================================== Sonam Kumari W/O Mr. Saurabh Kumar @ Saurav Kumar R/O VillageChainpur Baikunth Nagar, P.S- Kanti, Distt.- Muzaffarpur at Present Resident of Village and P.O- Panapur Kariat, P.S- Panapur, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur Mrs. Vaishnavi Singh For the Opposite Party/s :

Mr. Binod Kumar Dr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-11-2024 Heard the learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner seeks regular bail in connection with Kanti P.S. Case No. 244 of 2024 registered for the offence under Sections 302/34 of the Indian Penal Code.

3. As per the prosecution case, the deceased was called by the petitioner in her house and there the deceased was killed. It has come during investigation that the deceased was killed inside the house by the petitioner and her son. The murder weapon has been recovered from the house of the petitioner.

4. Learned counsel for the petitioner; Mr. Ajay Thakur submits that the petitioner is a lady and in the confessional

Patna High Court CR. MISC. No.59141 of 2024(4) dt.20-11-2024 2/2 statement of Saundarya Saurabh, it has come that the deceased was killed by the Saundarya Saurabh and not by the petitioner. The petitioner has cleaned the blood stains in the house. Petitioner is in custody since 12.05.2024.

5. Learned A.P.P. for the State and the informant have vehemently opposed the prayer for bail and have submitted that it is the petitioner who had called the deceased in her house and thereafter in a planned manner, the deceased was killed by the petitioner and her son. He further submits that the exoneration of the petitioner by the co-accused will not entitle her for grant of bail.

6. I have considered the submissions of the parties.

7. Though the petitioner is a lady but in the facts of the case when she has participated in the conspiracy and the actual killing of the deceased, I am not inclined to grant bail to the petitioner.

8. Accordingly, this application for regular bail is dismissed.

(Sandeep Kumar, J) Shishir/- U T