Anju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72148 of 2021 Arising Out of PS. Case No.-586 Year-2021 Thana- CHAPRA TOWN District- Saran ====================================================== Anju Devi Wife of Vikash Kumar Resident of Mohalla- Uttari Dahiyaan tola, P.S.-Chapra Town, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jeetendra Narayan, Adv.

For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Chapra Town P.S. Case No. 586 of 2021 lodged under Section 363 of the I.P.C.

As per the prosecution case, the son of informant had gone outside the house on 23.10.2021 informing his mother that he is going to school collecting certificate of matriculation. He reached in the school about 2 PM and demanded certificate. The teacher has requested to wait for 10 minutes thereafter, the son of the informant told him to return within 10 minutes and after 10 minutes, his mobile phone was switched off.

Patna High Court CR. MISC. No.72148 of 2021(8) dt.21-11-2022 2/3 Learned counsel for the informant submits that he has tried his level best to verify his presence anywhere but found missing. On the next morning, when mother again started towards school, she saw that his motorcycle near Railway Dhala at Vivek Hotel. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Learned counsel submits that the name of the petitioner has given only and only on suspicion. Subsequently, police has arrested the petitioner and confession has taken. In this case, the said boy has till date not been recovered. Learned counsel submits that petitioner's antecedent is clean and he is in custody since 27.10.2021.

Learned counsel for the State opposes the prayer for bail and submits that petitioner is responsible for death of the informant's son. Learned counsel submits that petitioner has narrated the entire story as how the victim was called by the petitioner and thereafter, he was killed. On his confessional statement, the weapon used has been recovered. Though he is directly no murdered but he has played the role of main conspirator in the said case.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to

Patna High Court CR. MISC. No.72148 of 2021(8) dt.21-11-2022 3/3 the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) prakashmani/- U T