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Patna High CourtCR. MISC./71471/2024bail granted

Archana Devi v. The State Of Bihar

2025-01-20Mr. Justice Anil Kumar Sinha5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86991 of 2024 Arising Out of PS. Case No.-69 Year-2024 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== Archana Devi @ Punam Devi W/o- Dinesh Pandit R/o village-Laualagan Pachimi (west) ward no. 06/07 P.S.-Chausa District- Madhepura ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 71471 of 2024 Arising Out of PS. Case No.-69 Year-2024 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== 1.

Archana Devi W/o- Dinesh Pandit Village-Laualagan (west), ward No.7, P.S-Chausa, District-Madhepura 2.

Dinesh Pandit S/o- Bishwanath Pandit Village-Laualagan (west), ward No.7, P.S-Chausa, District-Madhepura ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 86991 of 2024) For the Petitioner/s :

Mr. Pawan Kumar, Adv.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP (In CRIMINAL MISCELLANEOUS No. 71471 of 2024) For the Petitioner/s :

Mr. Manoj Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-01-2025 Cr. Misc No. 86991 of 2024

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of regular bail, arises out of Udakishunganj Police Station Case No. 69 of 2024, dated

2/5 29.02.2024, disclosing offences under Sections 302, 120(B) and 34 of the Indian Penal Code.

3. Earlier the petitioner moved before this Court for grant of anticipatory bail in Cr. Misc. No. 71471 of 2024, which got rejected vide order, dated 26.10.2024.

4. The allegation, as per the First Information Report, is that on 28.02.2024 the informant had gone to wash the cloth of her two-year old son after handing over to the lap of her sister-in-law(gotni) i.e. the co-accused Rimjhim Devi. When the informant came back on hearing the cry of her son, she saw that his body had turned black and there was swelling on her son's buttock with a mark of pointed object. The informant took her son to local hospital where concerned doctor declared him dead. She raised suspicion that the co-accused with the help of petitioner Archana Devi and co-accused Dinesh Pandit have committed the alleged occurrence.

5. Learned counsel for the petitioner submits that the petitioner is the mother of the co-accused Rimjhim Devi against whom there is specific allegation of injecting poison in the body of the informant's son. Only suspicion has been raised against the petitioner that she pressurized

3/5 the co-accused Rimjhim Devi. The allegation against the petitioner is concocted and fabricated in order to implicate them in the present case. The co-accused Rimjhim Devi has been granted Regular Bail by a coordinate bench of this Court in Cr. Misc No. 70662 of 2024 vide order dated 18.12.2024. The petitioner is in custody since 15.10.2024.

6. Regards being had to the submissions advanced by learned counsel for the parties and taking into consideration the fact that the petitioner is the mother the co-accused Rimjhim Devi who has been granted regular bail by this Court and the petitioner is in custody since 15.10.2024, I am inclined to grant regular bail to the petitioner.

7. Let the petitioner,above named, 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 learned ACJM, Udakishunganj, Madhepura in connection to the Udakishunganj Police Station Case no. 69 of 2024 registered under section 302, 120(B), 34 of the Indian Penal Code.

Cr. Misc No. 71471 of 2024

4/5

1. Heard learned counsel for the petitioner no.2 and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Udakishunganj Police Station Case No. 69 of 2024, dated 29.02.2024, disclosing offences under Sections 302, 120(B) and 34 of the Indian Penal Code.

3. The allegation, as per the First Information Report, is that on 28.02.2024 the informant had gone to wash the cloth of her two-year old son after handing over to the lap of her sister-in-law(gotni) that is the co-accused Rimjhim Devi. When the informant came back on hearing the cry of her son, she saw that his body had turned black and there was swelling on her son's buttock with a mark of pointed object. The informant took her son to local hospital where concerned doctor declared him dead. She raised suspicion that the co-accused with the help of petitioner Dinesh Pandit and co-accused Archana Devi have committed the alleged occurrence.

4. Learned counsel for the petitioner submits that the petitioner no.2 is the father of the co-accused Rimjhim Devi against whom there is specific allegation of injecting poison in the body of the informant's son. Only suspicion

5/5 has been raised against the petitioner that he pressurized the co-accused Rimjhim Devi. The allegation against the petitioner no.2 is concocted and fabricated in order to implicate them in the present case.

5. Regards being had to the submissions advanced by learned counsel for the parties and taking into consideration the fact that the petitioner is the father of the co-accused Rimjhim Devi who has been granted regular bail by this Court, I am inclined to grant anticipatory bail to the petitioner no.2.

6. This application is, accordingly, allowed.

7. Let petitioner, Dinesh Pandit, in the event of his arrest or surrender before the Court below within four weeks, 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 learned A.C.J.M.-I, Udakishunganj in connection with Udakishunganj P.S. Case No. 69 of 2024, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) Suruchi/- U T