Raj Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1310 of 2023 Arising Out of PS. Case No.-216 Year-2022 Thana- BHAWANIPUR District- Purnia ====================================================== RAJ KUMARI DEVI W/o Late Krityanand Sharma R/o Village- Singhyan Sundar, P.S.- Bhawanipur, Distt- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar, Advocate For the Opposite Party/s :

Ms. Meena Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner seeks bail in a case registered for the offences punishable under Sections 302, 201, 120(B) and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 04.09.2022 and is a person with clean antecedent and is a woman aged about 70 years and is the wife of the deceased.

The learned counsel next submits that informant who is daughter-in-law of the deceased alleged that on 02.09.2022 at about 10:00 am, the petitioner informed her regarding missing of the deceased, while she was at her parent's house to celebrate a festival, it is next alleged that after receiving the information at

Patna High Court CR. MISC. No.1310 of 2023(2) dt.04-03-2023 2/3 about 3:30 pm she came to her matrimonial home and started searching the deceased but the deceased could not be located, thus based on suspicion instituted the FIR alleging that the named accused persons including the petitioner in furtherance of their common intention committed murder of the deceased and concealed his dead body.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that the petitioner is aged about 70 years and the marriage of the petitioner with the deceased was more than 40 years and the relationship between the deceased and the petitioner was cordial, no complaint came to be made by the deceased or any family members, it is next submitted that what purpose would have been served by the petitioner by killing her own husband when she is also nearing her grave. Learned counsel next submits that informant is not an eye witness to the occurrence and the entire allegation hinges around suspicion.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five

Patna High Court CR. MISC. No.1310 of 2023(2) dt.04-03-2023 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bhawanipur P.S. Case No. 216 of 2022.

(Satyavrat Verma, J) GauravSinha/- U T