Patna High CourtCR. MISC./63889/2023bail rejected

Chanda Kumari v. The State Of Bihar

2023-12-06Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63889 of 2023 Arising Out of PS. Case No.-147 Year-2023 Thana- JANDAHA District- Vaishali ====================================================== CHANDA KUMARI, W/O BIR KUMAR DAS, RESIDENT OF VILLAGEHARIPRASAD PURVI WARD NO.-5, P.S.- JANDAHA, DISTRICTVAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate Ms. Pinki Kumari, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-12-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Jandaha P.S. Case no. 147 of 2023, registered under sections 363 and 365 of Indian Penal Code to which sections 302, 201 and 120B of the Indian Penal Code were added subsequently.

3. As per the prosecution case, the informant states that on the date of occurrence his 9 year old daughter while playing along with others disappeared. Inspite of search she was not to be found. She was wearing a blue dress.

4. Learned counsel for the petitioner submits that the FIR was registered against unknown. The name of the petitioner transpired in the confessional statement of a co-accused made before police. There is no other material to connect the

Patna High Court CR. MISC. No.63889 of 2023(3) dt.06-12-2023 2/2 petitioner with the alleged crime. Even as per the confessional statement the main allegation is against co-accused Gunja Kumari and not this petitioner who is in custody since 23.5.2023 and has no criminal antecedent.

5. The prayer for bail is opposed by learned A.P.P for the State. Learned A.P.P. for the State submits that co-accused Niraj Kumar in his confessional statement has given in detail the manner of occurrence which includes not only presence but participation of this petitioner.

6. Having heard learned counsel for the parties and taking into consideration the nature of material that has transpired in course of investigation against this petitioner, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

(Partha Sarthy, J) avinash/- U T