Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1837 of 2023 Arising Out of PS. Case No.-168 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== SUNITA DEVI Wife of Shyam Sundar Rajvanshi R/v- Gumma, P.S.- Fatehpur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma Mr. Dhirendra Singh For the Opposite Party/s :

Mr.Ajay Kumar No. 2 For the Informant :

Mr.Ranjeet Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-05-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State and the learned counsel for the informant.

The petitioner is seeking regular bail in connection with Fatehpur P.S. Case No. 168 of 2022, registered for the offences punishable under Sections 363 of the Indian Penal Code and later on added Sections 364, 302, 201, 120b/34 of the Indian Penal Code.

As per prosecution case, the younger son of the informant, namely, Sunil Singh became traceless. The learned counsel for the petitioner has submitted that the dead body of Sunil Singh was found and the petitioner

Patna High Court CR. MISC. No.1837 of 2023(3) dt.11-05-2023 2/2 has been made accused merely on the basis of her confessional statement in which she has stated that she had illicit relation with Sunil Singh and she along with other accused persons committed murder of Sunil Singh. He has submitted further that the confessional statement before the police has no evidentiary value in the eyes of law.

On the other hand, the learned APP, assisted by the learned counsel for the informant, has submitted that the confessional statement of the petitioner led to recovery of the dead body of the deceased. As such, the confessional statement cannot be said the sheer confessional statement recorded by the investigating authority, but also it led to recovery of the dead body. Shirt and Lungi of the deceased soaked with blood, were also recovered.

In my view, the petitioner does not deserve the privileges of bail, which is hereby rejected. (Nawneet Kumar Pandey, J) Nirmal/Kundan U T