Dolly Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89185 of 2024 Arising Out of PS. Case No.-242 Year-2024 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Dolly Jaiswal Wife of Vikrant Jaiswal @ Vikrant Kumar Mohalla -Malsalami PS -Malsalami Patna city, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar For the State :

Mr.Madhura Nand Jha for the informant :

Mr/. Ashok Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-02-2025

1. Heard learned Counsel for the petitioner, learned Counsel for the informant and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Sahebganj Police Station Case No. 242 of 2024, dated 12.05.2024, disclosing offences punishable under Sections 302/120-B/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that the marriage of co-accused Kunal Kishore was solemnized with the sister of the informant (now deceased) on 08.03.2008 and out of the wedlock, two children were born, who were studying in a boarding school, at Gorakhpur. It has been alleged that for the past 4-5 years, co-accused Kunal Kishore had developed illicit relationship with the petitioner, which was being objected

Patna High Court CR. MISC. No.89185 of 2024(3) dt.21-02-2025 2/3 by the deceased, due to which co-accused Kunal Kishore along with the petitioner killed the deceased.

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to the fact that there is allegation that the husband of the deceased was having illicit relationship with the petitioner. He further submits that the deceased has committed suicide while she was in her home, along with her husband, co-accused Kunal Kishore. The petitioner is a married lady, having two children and was not present at the time of occurrence in the house of the deceased and co-accused Kunal Kishore. He next submits that petitioner is in custody since 17.11.2024, and charge sheet has been submitted against her and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

5. On the other hand, learned Counsel for the State as well as the informant vehemently oppose the prayer for bail and submit that due to illicit relationship of the petitioner with the husband of the deceased, she was tortured and killed by co-accused Kunal Kishore in conspiracy with the petitioner. They further submit that during

Patna High Court CR. MISC. No.89185 of 2024(3) dt.21-02-2025 3/3 investigation, various objectionable photographs and other electronic evidence have come against the petitioner showing her relationship with co-accused Kunal Kishore.

6. Regards being had to the submissions made by the parties and taking into consideration the fact that the petitioner has been made accused in this case on the basis of her illicit relationship with the husband of the deceased, coaccused Kunal Kishore and the deceased died at her home in presence of co-accused Kunal Kishore, she is in custody since 17.11.2024, and charge-sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

7. This application is, accordingly, allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, (West), Muzaffarpur, in connection with Sahebganj Police Station Case No. 242 of 2024.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √