Renu Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81686 of 2024 Arising Out of PS. Case No.-325 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== Renu Devi W/O Late Jaggu Chaudhary @ Jaglal Chaudhary R/O MohallaGur Ki Mandi, Near Pitambara Mandir, P.S-. Alamganj, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tribhuwan Narayan Mr. Vikash Anand For the Opposite Party/s :
Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-02-2025
1. Heard the parties.
2. The petitioner apprehends her arrest in connection with Alamganj P.S. Case No. 325 of 2024 dt: 16.04.2024 registered for the offence under Section 328, 302 / 34 of the I.P.C.
3. As per the prosecution case lodged by the father of the deceased Manik Chand Prasad is that on 15.04.2024 in the morning Jitendra Paswan, Banti Chaudhary, Suman Chaudhary arrived at the house of the informant and called his son and the informant's son went along with them. At about 12:45 P.M. informant got the information that in the premises of Devi Mandir near Imali canal, Jitendra Paswan, Banti Chaudhary,
2/4 Suman Chaudhary, Hira and Renu Devi (i.e. petitioner) have administered some poisonous substance resulting in the death of the informant's son. It has been alleged that the petitioner-Renu Devi had earlier given threatening to kill his son / Raju Kumar, as such, suspicion has been raised against the petitioner.
4. Learned counsel for the petitioner submits that the petitioner has not committed any offence as alleged and she has been made accused only because she has lodged Alamganj P.S. Case No. 534 / 2021 registered under Section 302, 120B I.P.C., Section 27 of the Arms act and Section 3(2)(V) of the SC/ST Act against the co-accused: Jitendra Paswan and others including the deceased in which the deceased was arrested and was granted regular bail by this court. The son of the informant (deceased) left the house along with other co-accused persons and the petitioner was nowhere present near the house of the informant. The petitioner has been made accused on the basis of suspicion only. The petitioner has been dragged in this case merely because she had lodged a criminal case against the son of the informant with regard to murder of her husband.
5. On the other hand, learned counsel for the informant and the state vehemently opposed the prayer for anticipatory bail and submits that the petitioner is specifically named in the F.I.R.
3/4 alleging that she in conspiracy with the other accused persons have called the deceased from his home and deceased was administered intoxicant due to which he died. The post mortem report of the deceased shows that all visceras were congested and the doctor has reserved his opinion regarding the cause of death. The deceased was one of the accused in the F.I.R. lodged by the petitioner for murder of her husband bearing Alamganj P.S. Case No. 534 of 2021 as such she in conspiracy with the other accused persons has murdered the informant's son. The two other co-accused persons Banti Chaudhary and Suman Chaudhary are closely related to the petitioner and they have also been made accused in the present F.I.R.
6. Having regard to the submission made by the parties and taking into consideration the nature of allegation, it is apparent that that the co-accused persons, who were witness in the F.I.R. lodged by the petitioner have also been made accused, who called the informant's son from his home and were last seen along with Jitendra Paswan and subsequently the informant's son was administered some intoxicant and was brought to hospital where he died.
7. Considering the gravity of offence and the severity of punishment, I am not inclined to grant anticipatory bail to the
4/4 petitioner. The same is rejected.
(Anil Kumar Sinha, J) praful/- U T