Puja Devi @ Puja Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69869 of 2022 Arising Out of PS. Case No.-528 Year-2022 Thana- NAWADA District- Nawada ====================================================== PUJA DEVI @ PUJA KUMARI W/O DHARO YADAV Resident of VillageMangarbigha, P.S.- Nagar, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-05-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Nawada Nagar P.S. Case No. 528 of 2022, registered for the offence punishable under Section 302/34 of the Indian Penal Code.

The allegation is regarding the petitioner having caught hold of both the hands of the wife of the informant, whereafter the co-accused persons had assaulted the wife of the informant with bricks on her head resulting in her death. The learned counsel for the petitioner submits that the petitioner is innocent, she has been falsely implicated in the present case and she is having a clean antecedent. The learned counsel for the petitioner has further submitted that the

Patna High Court CR. MISC. No.69869 of 2022(2) dt.16-05-2023 2/2 allegations levelled against the petitioner is false and fabricated and in fact, the petitioner is the sister-in-law of the deceased. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, taking into account the materials available on record as also considering the fact that the petitioner is an active participant in the incident of assault of the wife of the informant and is stated to have caught hold of both the hands of the deceased, thus facilitating the other accused persons to brutally assault the wife of the informant resulting in her death, this Court finds that prima facie there are ample materials on record to show the complicity of the petitioner in the alleged crime, hence, I do not find the present case to be a fit case for grant of anticipatory bail, thus, the present petition stands dismissed. (Mohit Kumar Shah, J) Ajay/- U T