Allowed

Anamika @ Anamika Singh v. The State of Bihar

Patna HC14 Nov 2024CR. MISC./56133/2024

Case brief

AI extract

What is this about?

Anticipatory bail application in a poisoning-murder case. Petitioner alleged false implication; FSL report did not support prosecution, and the deceased's mother's statement did not implicate her. Finding no ample evidence of complicity, the court granted bail in the event of arrest on conditions under Section 438(2) Cr.P.C.

What did the court decide?

Bail in event of arrest or surrender within six weeks; bond Rs. 25,000 with two sureties of like amount, subject to Section 438(2) Cr.P.C.

Anamika @ Anamika Singh Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56133 of 2024

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Arising Out of PS. Case No.-150 Year-2022 Thana- PATAHI District- East Champaran

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======================================================

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Anamika @ Anamika Singh Wife of Santosh Singh Resident of - Jihuli, Thana - Patahi, District - East Champaran, presently residing near Janice Petrol Pump, Thana - Kazi Muhammadpur, District - Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Ms. Smriti Singh, Adv. For the Opposite Party/s : Mr. Dilip Kumar No.1, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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4 14-11-2024

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Heard Ms. Smriti Singh, learned counsel for the petitioner

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and Mr. Dilip Kumar No.1, learned A.P.P. for the State.

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The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 302, 328, 34 of the Indian Penal Code.

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Allegedly, petitioner and co-accused Santosh Kumar are said to have administered poisonous food to the husband of the informant. When the informant came to know about the same, she went to Jihuli and took her husband to hospital for treatment, but during course of treatment, he died.

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It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. She has

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Patna High Court CR. MISC. No.56133 of 2024(4) dt.14-11-2024 2/3

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falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. The real fact is that due to misbehaviour of the informant, her husband was suffering from depression and after his death, the informant has filed this false case against the petitioner and her husband with a view to extort a large amount of money. It is further submitted that FSL report of the petitioner has not supported the prosecution case. Moreover, the statement of the mother of the deceased was recorded in which she has also not supported the prosecution case. There is no ample evidence available in the case diary to show the complicity of the petitioner in the alleged occurrence. Learned counsel further submits that petitioner has no criminal antecedent as mentioned in para-3 of this application.

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Learned APP for the State opposes the prayer for bail.

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Having regard to the facts and circumstances of the case, since there is no ample evidence on record to indicate the complicity of the petitioner, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the

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Patna High Court CR. MISC. No.56133 of 2024(4) dt.14-11-2024 3/3

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satisfaction of the learned Court below where the case is pending/successor Court in connection with Patahi P.S. Case No. 150 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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divyanshi/-

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U T

Anamika @ Anamika Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Anamika @ Anamika Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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