Sangeeta Devi @ Sangita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73757 of 2019 Arising Out of PS. Case No.-184 Year-2019 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Sangeeta Devi @ Sangita Devi Wife of Late Pappu Kumar, Resident of Village - Sonpur, P.S.- K. Nagar (Shrinagar), Distt - Purnea. ... ... Petitioner
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.N.K. Agrawal, Senior Advocate Mr.Saket Tiwary, Advocate Miss.Preety Kunwar, Advocate For the Opposite Party/s :
Ms.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-12-2019 Heard learned Senior Counsel for the petitioner and learned A.P.P. for the State.
Petitioner in the present case is seeking anticipatory bail in connection with K. Nagar (Shrinagar) P.S. Case No. 184 of 2019 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
Learned Senior Counsel for the petitioner submits that so far as this petitioner is concerned she has been made accused by her father-in-law on a totally false pretext. Her husband was allegedly killed by the maternal brother of the deceased and the said maternal brother Lallan Yadav has confessed his guilt, so far as this petitioner is concerned her name has been brought
Patna High Court CR. MISC. No.73757 of 2019(3) dt.18-12-2019 2/3 alleging that said Lallan Yadav developed illicit relationship with this petitioner, however, the said Lallan Yadav has made a statement before the police that the deceased had taken Rs. 5,00,000/- in the name of pairavi of this case which he had not returned and for that reason he had contacted the co-accused for killing the deceased.
Learned Senior Counsel further submits that so far as this petitioner is concerned apart from the confessional statement there is no other material in the case diary to show that the petitioner was part of the conspiracy in killing of her husband.
Learned A.P.P. for the State has opposed the prayer for anticipatory bail of this application but submits that save and except the confessional statement of the co-accused Lallan Yadav, in course of investigation no other independent material has been collected to connect this petitioner in the alleged conspiracy. On specific query having been made by this Court the same has been reiterated and no other material has been shown to this Court against this petitioner.
In the given facts and circumstances of the case, where there is no independent material coming against this petitioner in the investigation so far, let the petitioner above
Patna High Court CR. MISC. No.73757 of 2019(3) dt.18-12-2019 3/3 named in the event of her arrest or surrender within a period of four weeks from today be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,Purnea in connection with K. Nagar (Shrinagar) P.S. Case No. 184 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.
(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) vats/ved U T