Pooja Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47770 of 2018 Arising Out of PS. Case No.-102 Year-2018 Thana- SONO District- Jamui ====================================================== Pooja Kumari D/o Gopal Tamoli, R/o Vill. and Post Office-Sono , P.S.- Sono , Distt.- Jamui (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Sono P.S. Case No. 102 of 2018 registered under Sections 363 and 365 of the Indian Penal Code. Later on Sections 302, 201, 120 (B)/34 of the Indian Penal Code was also added. Cousin sister-in-law of the informant, namely, Khushbo Kumari went missing and subsequently she was murdered by unknown miscreants.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. She happens to be student of Class B.A. and has been preparing for competition residing in Patna along with her brother, namely, Sagar Kumar and Vishal Kumar and she was

Patna High Court Cr.Misc. No.47770 of 2018(3) dt.06-10-2018 2/3 not present at the place of occurrence at the time of occurrence. There is no eye witness of the occurrence. There is nothing on the record indicating the complicity of the petitioner in the occurrence barring the confessional statement of co-accused, namely, Gopal Tamoli, which has no evidentiary value in the eye of law. Petitioner happens to be lady and has been languishing in custody since 17.04.2018 and two other accused, namely, Rinku Barnwarl @ Dinesh Barnwal and Ashok Laheri who have also been named in the confessional statement of Gopal Tamoli have been enlarged on bail by different coordinate Benches of this Court vide order dated 24.07.2018 and 24.09.2018 passed in Cr. Misc. Nos 36766 of 2018 and 42949 of 2018 respectively.

On the other hand, learned APP for the State opposing the bail prayer of the petitioner submitted that the petitioner has been named on the confessional statement of coaccused Gopal Tamoli as one of his accomplice and also dead body of the deceased was recovered on the basis of his confessional statement. Hence, the petitioner does not deserve bail.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on

Patna High Court Cr.Misc. No.47770 of 2018(3) dt.06-10-2018 3/3 furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Jamui in connection with Sono P.S. Case No. 102 of 2018.

(Prakash Chandra Jaiswal, J) rohit/- U T