Priyanka Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71195 of 2024 Arising Out of PS. Case No.-105 Year-2024 Thana- PAKRIDAYAL District- East Champaran ====================================================== Priyanka Kumari, Wife of Late Rajesh Kumar, Village - Sirha, P.S.- Pakridayal, District - East Champaran (Motihari), Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. S.B.K. Manglam, Advocate Mr. Vivek Kumar, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 03-10-2024 Learned counsel for the petitioner seeks permission to make necessary correction in paragraph no.15 of the petition.

2. Learned counsel for the petitioner is permitted to make necessary correction in course of the day.

3. Heard learned counsel for the petitioner and learned APP for the State.

4. In this present case, the petitioner seeks bail in connection with Pakridayal P.S. Case No. 105 of 2024, registered on 01.05.2024 for the offences under Sections 302, 120(B) and 34 of the Indian Penal Code.

5. As per prosecution case, the co-accused persons took away the son of the informant with them when the informant and his son were returning after attending some barat. Thereafter, the dead body of the son of the informant was recovered. The informant showed his suspicion that the petitioner, who is the wife

Patna High Court CR. MISC. No.71195 of 2024(2) dt.03-10-2024 2/3 of his deceased son, was in intimacy with her brother-in-law and they might have committed the murder of his son.

6. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case merely on suspicion. Petitioner happens to be the wife of the deceased and at the time of alleged occurrence the petitioner was at her matrimonial home which is also evident from the FIR. There is allegation that the petitioner was having illicit relationship with her brother-in-law which is completely false. The petitioner was having good relationship with her husband and her husband even made a phone call on the mobile of a co-villager to ask his wife to cook food for four persons. The petitioner has got no criminal antecedent. The petitioner is in custody since 01.05.2024 and charge-sheet has been submitted.

7. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner. Learned APP submits that there is specific allegation against the petitioner in the FIR itself that she along with other co-accused persons were involved in the murder of the son of the informant.

8. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the doubtful nature of allegation against the petitioner and also considering the clean antecedent of the petitioner as well as her

Patna High Court CR. MISC. No.71195 of 2024(2) dt.03-10-2024 3/3 period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-8, East Champaran, Motihari/concerned court in connection with Pakridayal P.S. Case No. 105 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T