Puja Devi vs The State Of Bihar
2021 Latest Caselaw 1047 Patna

       IN THE HIGH COURT OF JUDICATURE AT PATNA
               CRIMINAL MISCELLANEOUS No.34772 of 2020
       Arising Out of PS. Case No.-69 Year-2019 Thana- CHIKSAUR District- Nalanda
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Puja Devi, aged about 20 years, Gender-Female, wife of late Sonu Paswan resident of village - Masadhi, Police Station - Chiksaura, District - Nalanda

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shyamal Prakash, Advocate For the State : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 20-02-2021

Heard Mr. Shyamal Prakash, learned counsel for the

petitioner and Mr. Nawal Kishore Prasad, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioner is in custody in connection with

Sessions Trial No.108 of 2020 arsing out of Chiksaura PS Case

No.69 of 2019 dated 08.08.2019, instituted under Sections

302/34 of the Indian Penal Code and 27 of the Arms Act, 1959.

3. The allegation against the petitioner, who is wife of

the deceased, is that she had got him killed.

4. Learned counsel for the petitioner submitted that

only on the basis of bald suspicion, she has been made accused

and that the confessional statement has been recorded by the Patna High Court CR. MISC. No.34772 of 2020 dt.20-02-2021

police without having any legal value. It was submitted that the

petitioner used to live with the deceased at Delhi and there was

no occasion for her to get him killed. It was submitted that other

co-accused, who have also given confessional statement, who

have also accepted their involvement in killing of the husband

of the petitioner, have been granted bail by the Court. Learned

counsel submitted that the petitioner is a lady having no

criminal antecedent and is in custody since 22.09.2019 with a

2½ years old daughter, who is also with her in jail.

5. Learned APP submitted that the petitioner being the

wife has planned the murder of her murder and, thus, she is the

main brain behind it and further, that the other co-accused as

well as the petitioner have also confessed to the crime.

6. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, the

Court is not inclined to enlarge the petitioner on bail.

7. Accordingly, the application stands dismissed for

the present.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T