The Single Judge allowed the petition for anticipatory bail. The court held that the petitioner was falsely implicated based on a tortured confession, directed surrender within four weeks, and granted bail bond.
To surrender within four weeks and be enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4074 of 2022
Arising Out of PS. Case No.-273 Year-2021 Thana- NATHNAGAR District- Bhagalpur
======================================================
SONALI KUMARI D/o Randhir Singh, W/o Abinash Kumar R/o villageAdawari, Ward No. 07, P.S.- Chautham, District- Bhagalpur, W/o Abinash Kumar, presently R/o village- Basantpur, P.S.- Lodipur, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ranjan Kumar Jha For the Opposite Party/s : Mr.Satya Nand Shukla ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 03-08-2022
Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Nathnagar (Madhusudanpur) P.S. Case no. 273 of 2021 instituted for the offence under Sections 302, 201/34 of the Indian Penal Code.
As per allegation in the FIR, in order to conceal a dead body, some one has thrown the same near the southern side of road situated near Kesiya river. The dead body was unclaimed and then the present FIR against unknown.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no
Patna High Court CR. MISC. No.4074 of 2022(3) dt.03-08-2022 2/3
offence. She is not named in the FIR. On mere suspicion, she has been falsely implicated in this case. During investigation, dead body was identified as of the son of the informant and from CDR of his mobile number, it came to light that two days before the incident, deceased had contacted the husband of the petitioner, namely Abhishek Kumar and on that basis he was arrested. By applying torture, his confessional Statement has been recorded in which he has taken the name of the petitioner, which has got no evidentiary value in the eye of law. Husband of the petitioner has already been granted regular bail.
Learned APP appearing for the State has opposed the prayer of Bail and submitted that there was love affair between the deceased and the wife of the petitioner and that may be the reason for the alleged offence .
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Nathnagar (Madhusudanpur) P.S. Case no. 273 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the
Patna High Court CR. MISC. No.4074 of 2022(3) dt.03-08-2022 3/3
like amount each to the satisfaction of learned J.M. 1st Class, Bhagalpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J)
sushma/-
U
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail given the apprehension of arrest based on a false implication in a murder case.
1 provisions across 1 enactments
Sonali Kumari
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
