Anjani Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5105 of 2023 Arising Out of PS. Case No.-160 Year-2021 Thana- CHAKAI District- Jamui ====================================================== Anjani Kumari D/O Parmeshwar Yadav Resident of village- Ghaghra, P.S.- Chandramandi, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar, Adv.

For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-03-2023 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 through virtual mode.

The petitioner seeks regular bail in connection with Chakai P.S. Case No. 160 of 2021 lodged under Sections 302, 120B of the I.P.C. read with Section 27 of the Arms Act. As per the prosecution case, the F.I.R. has been filed by the informant in which allegation of killing of his son is there and in the F.I.R. the case has been filed against 2 unknown accused persons.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that the petitioner is the wife of the deceased and informant is

Patna High Court CR. MISC. No.5105 of 2023(3) dt.04-03-2023 2/3 the father-in-law of the petitioner. Counsel submits that petitioner is in custody since 08.09.2022. He submits that the name of the petitioner has figured only and only by virtue of suspicion.

Learned counsel for the State Mr. Anant Kumar is on the screen but due to technical problem, he is not in a position to assist the court, thereafter, this Court has directed to Adv. Mr. Jagdher Prasad who is in-charge A.P.P. to assist the Court. Learned counsel for the State Mr. Jagdher Prasad, incharge A.P.P. submits that there is allegation of Sections 302 and 120B of the I.P.C. there in the F.I.R. He further submits that from the order sheet, it transpires that during investigation, name of accused Vikas and Tulsi has figured and on their confessional statement, name of Jitendra Thakur has figured and said Jitendra Thakur has stated the name of the present petitioner in the present case.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected but liberty is hereby granted to the petitioner that she may renew her prayer for bail after framing of charge. The Trial Court is directed to release her on bail

Patna High Court CR. MISC. No.5105 of 2023(3) dt.04-03-2023 3/3 thereafter, imposing its own conditions so that she may not evade her appearance during trial.

With this observation, the bail application stands rejected.

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