Puja Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49017 of 2016 Arising Out of PS.Case No. -229 Year- 2016 Thana -GHOSI District- JEHANABAD ======================================================

1. Puja Kumari, Daughter of Abhay Kumar alias Abhay Tiwai, resident of Village- Barhat, P.S.- Mufassil, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Mojibur Rahman-Advocate For the Opposite Party/s : Mr. Sri Arbind Kumar Pandey-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 02-02-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor along with learned counsel for father of the deceased.

A dead body of an unknown was found and on account thereof, on the fard-bayan of Chaukidar, instant case has been registered against unknown. During course of investigation as is evident from Para-58 of the case diary, uncle of deceased came up at P.S. and identified the dead body to be of his nephew namely Rituraj. From his statement, it is apparent that deceased was the Director of a tutorial namely 'Destination' and further, this petitioner, Puja Kumari was engaged by the deceased as a Receptionist. It is further evident that she was set up by Soli, Suraj and Aman, who were insisting upon deceased to pay rangdari and

sometimes were obliged. In the aforesaid background, it has also been disclosed that a case was instituted by the petitioner against the deceased alleging an attempt relating to outrage her modesty and further, in the aforesaid background, the aforesaid accused assaulted Rituraj and for that, a substantial case was instituted at the end of Rituraj which, in due course of time, was to be compromised and in the background, it has been alleged by the father of the deceased namely Ram Kishore Prasad Singh, Sanha entry recorded under Para-75, statement recorded under Para-96 of the case diary, it is evident that petitioner has been identified to be representative of aforesaid criminals and further, on the pretext of talk of compromise, the deceased was taken away whereunder he was murdered.

There happens to be no direct or circumstantial evidence to connect the petitioner with the complicity of the crime, save and except being informant of one case against Rituraj. Apart from this, during course of investigation, it has also been traced out that there was dispute with one of the Directors, who left the tutorial of the deceased as well as one teacher over payment.

In the aforesaid background as well as lacking of direct evidence as well as circumstantial evidence, petitioner, Puja Kumari is directed to be released on bail on furnishing bail bond

of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Ghosi P. S. Case No.229 of 2016. (Aditya Kumar Trivedi, J) Vikash/- U T