Poonam Devi @ Punam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82515 of 2023 Arising Out of PS. Case No.-395 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== POONAM DEVI @ PUNAM DEVI Wife of Chamkar Paswan @ Chamkaur Paswan R/o vill - Kapur Pakri, Kathauliya Bazar, P.S. - Sikarganj, Distt. - East champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-01-2024 Heard the parties.

2. The petitioner apprehends her arrest in connection with Chiraiya (Sikarganj) P.S. Case No.395 of 2023, registered for the offence punishable under Sections 302, 201, 34 of the Indian Penal Code.

3. The allegation against the petitioner is that she along with other co-accused persons have committed the murder of the son of the informant by pressing his neck.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner is the wife of co-accused Chamkar

Patna High Court CR. MISC. No.82515 of 2023(2) dt.05-01-2024 2/2 Paswan and there is no specific overt act against her. He further submits that the petitioner has been made accused in the present case merely on the basis of suspicion. There is no eye witness to the alleged occurrence. The dead body of the deceased was recovered from the husk house of the patidar of the informant and she has no concern with him. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. This application is, accordingly, dismissed.

8. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law, considering that the petitioner is a lady and there is no specific overt act against her. (Anjani Kumar Sharan, J) shikha/- U T