Kajal Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73032 of 2025 Arising Out of PS. Case No.-35 Year-2025 Thana- PAKRIDAYAL District- East Champaran ====================================================== Kajal Kumari W/O Late Vivek Kumar Singh Resident of Village- Ajgari Ward No. 08, P.S.- Pakri Dayal, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Kant, Adv.
For the Opposite Party/s :
Mr. Pronoti Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-12-2025 Heard the parties.
2. The petitioner is named in the F.I.R. and apprehending her arrest in connection with Pakri Dayal P.S. Case No. 35 of 2025 registered for the offences punishable under Sections 103(1) and 3(5) of BNS and Section 27 of Arms Act.
3. The allegation against petitioner who is the informant of present case, but during course of investigation it was found that she herself was instrumental for committing murder of her husband as she was in love with co-accused Kundan Kumar.
4. It is submitted by learned counsel
Patna High Court CR. MISC. No.73032 of 2025(3) dt.12-12-2025 2/3 appearing on behalf of the petitioner that the accused person in connivance with police turned the color of investigation by implicating this innocent petitioner, who is a lady of clean antecedent and herself a victim. It is submitted that save and except suspicion and confessional statement of co-accused nothing incriminating surfaced against petitioner. It is conceded that during investigation it transpires that the informant/ petitioner was in regular conversations with co-accused Kundan Kumar, which the basis of raising suspicion that she was in love with him. Arguing further it is submitted that investigation of this case is completed almost in all aspect and therefore, custodial interrogation is not required in present case and therefore, sending this petitioner to jail shall not serve any purpose of justice.
5. Learned APP, opposed the prayer of bail.
6. In view of aforesaid factual submission and by taking note of fact that except suspicion out of CDR nothing appears incriminating as to
Patna High Court CR. MISC. No.73032 of 2025(3) dt.12-12-2025 3/3 connect petitioner prima-facie with present crime in question, where initially she was the informant of this case, accordingly, petitioner above-named, in the event of her arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM VIII, East Champaran, Motihari/concerned Court, where the case is pending in connection with Pakri Dayal P.S. Case No. 35 of 2025, subject to the conditions as laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J) S.Tripathi/- U T