Jayoti Kumari @ Jyoti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80851 of 2024 Arising Out of PS. Case No.-200 Year-2024 Thana- RAGHOPUR District- Supaul ====================================================== Jayoti Kumari @ Jyoti Kumari W/o- Late Sintu Kumar Village- Daulatpur, Police Station- Raghopur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

3. The case of the prosecution is that the petitioner was having illicit relationship with one Pramod Kumar Swarnkar and she was not having good relation with her husband. It is further alleged that the petitioner in conspiracy with the said Pramod Kumar Swarnkar killed Sintu Kumar, the husband of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.80851 of 2024(4) dt.04-04-2025 2/3 connection with the present case. It is further submitted that in this case one Pramod Kumar Swarnkar, who is said to be paramour of the petitioner, has given his confessional statement and in his confessional statement, he has admitted that he had shot dead Sintu Kumar. It is further submitted that nothing has come in the case diary to show that the petitioner has hatched the plan. Moreover, the petitioner is a lady and his languishing in judicial custody since 12.06.2024 having no criminal antecedent.

5. Learned counsel for the informant opposes the prayer for bail stating that Pramod Kumar Swarankar has given his SIM to the petitioner and from that SIM, they were on talking terms. From perusal of the case diary, it transpires that there is no CDR to connect averment. Even if the confessional statement of Pramod Kumar Swarnkar has taken to be true, it only goes to show that Pramod Kumar Swarnkar has shot dead Sintu Kumar. It is also admitted that the petitioner was not having good relation with Sintu Kumar and earlier a case under Section 498 of the Indian Penal Code was filed by her.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on

Patna High Court CR. MISC. No.80851 of 2024(4) dt.04-04-2025 3/3 bail in connection with Raghopur P.S. Case No. 200 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Birpur. (Ashok Kumar Pandey, J) Jagdish/- U T