Patna High Court - Orders
Khushbu Singh @ Khushbu Kumari @ ... vs The State Of Bihar on 10 May, 2023
Author: A. M. Badar
Bench: A. M. Badar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11822 of 2023
Arising Out of PS. Case No.-477 Year-2021 Thana- KADAMKUAN District- Patna
======================================================
Khushbu Singh @ Khushbu Kumari @ Khushboo Singh w/o Dr. Rajeev
Singh R/o Asha Enclave, B-15, New patliputra Colony, P.S.- Patliputra,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bindhyachal Singh, Sr. Advocate
: Mr. Parijat Saurav, Advocate
For the State : Mr. Suresh Prasad Singh, APP
For the informant : Mr. Dwivedy Surendra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE A. M. BADAR
ORAL ORDER
3 10-05-2023The applicant/accused in Crime No. 477 of 2021 registered with Kadamkaun Police Station for the offences punishable under Sections 307, 120-B read with Section 34 of the Indian Penal Code as well as under Section 27 of the Arms Act at the instance of First Informant - injured Vikram Singh, by this application has renewed her prayer for grant of bail during pendency of the trial.
Heard the learned counsel appearing for the applicant. He drew my attention to order dated 14.09.2022 passed in Cr. Misc. No. 13653 of 2022 whereby Mihir Singh @ Bittu is directed to be released on bail by the co-ordinate bench of this Court. Similarly, the learned counsel for the applicant further Patna High Court CR. MISC. No.11822 of 2023(3) dt.10-05-2023 2/6 relied on order dated 24.01.2023 passed in Cr. Misc. No. 40028 of 2022 by which actual assailants, namely, Aryan Kumar @ Rohit Singh and Md. Samshad came to be released on bail by the co-ordinate bench of this Court. With this, it is argued that the mastermind behind the offence namely, Mihir Singh, who arranged the contract killers and actual contract killers are already released on bail by the co-ordinate benches of this Court and, therefore, the applicant is also entitled to be released on bail. It is further argued that the applicant has undergone pre- trial detention for about one year and seven months and there are no chances of actual conducting of the trial as no charge has yet been framed. It is further argued that the injured was discharged from the hospital within 12 to 13 days.
The learned Additional Public Prosecutor assisted by the learned counsel for the First Informant argued that the charge has not been framed because one or the another accused always moves an application for discharge and challenges the order passed on such application before this Court thereby protracting the trial. It is argued by them that accused Rajiv Kumar, Aryan Kumar, Md. Shamsad, Mihir Singh and Aman are facing trial in addition to the present applicant Khushboo Singh. Because of their conduct, the trial is not proceeding an inch Patna High Court CR. MISC. No.11822 of 2023(3) dt.10-05-2023 3/6 ahead. It is not disputed by the learned Additional Public Prosecutor as well as the learned counsel for the First Informant that injured Vikram Singh was discharged from the hospital after 12 or 13 days of the incident dated 18.09.2021.
I have considered the submissions so advanced and also perused the earlier order passed by this Court on 13.04.2022 in Cr. Misc. No. 71290 of 2021 rejecting the bail application of the present applicant. Last paragraph of that order needs reproduction and reads thus :-
"Having considered the fact that the applicant is women undergoing pre-trial detention, the learned Court below is directed to commence the trial and complete it within a period of nine months from today."
This Court is at pains to note that this order is not complied by the learned trial court. The applicant who is a women is languishing behind the bars right from the date of her arrest, i.e., 23.09.2021, in this offence which is primarily for an attempt to commit murder of Vikram Singh by indulging in conspiracy.
As of now the charge has not been framed. The applicant being an under trial prisoner cannot be said to have Patna High Court CR. MISC. No.11822 of 2023(3) dt.10-05-2023 4/6 protracted the trial. It was incumbent on the part of the learned trail court to separate her trial if others were protracting the trial, in the light of earlier order dated 13.04.2022 directing completion of the trial within nine months from the date of that order i.e., 13.04.2022.
The victim of the crime in question is already discharged from the hospital after 12 to 13 days of the day of the incident i.e., 18.09.2021. Thus, there is no possibility of the offence traveling to more grievous one such as the one punishable under Section 302 of the Indian Penal Code.
Evidence against the present applicant is circumstantial in nature. It is averred by the prosecution that initially one Mihir Singh was contacted for arranging contract killers and subsequently Mihir Singh has contacted Vikas and Vikas in turn has contacted Aman who hired contract killers Aryan Kumar and Md. Samshad. Contract killers Aryan Kumar and Md. Samshad are already directed to be released on bail by the co-ordinate bench of this Court vide order dated 24.01.2023 in Cr. Misc. No. 40028 of 2022 and one of the considerations for releasing them on bail was period spent by them as under trial prisoner. In a like manner, co-accused Mihir Singh is directed to be released on bail by the co- Patna High Court CR. MISC. No.11822 of 2023(3) dt.10-05-2023 5/6 ordinate bench of this Court vide order dated 14.09.2022 passed in Cr. Misc. No. 13653 of 2022, with an observation that there is no substantive piece of material against Mihir Singh and period spent by him as an under trial prisoner warrant his release on bail.
It is thus clear that male prisoners including the shooters are already released on bail with a prime consideration that they have undergone large period as under
trial prisoner. Similar is the case against the present applicant who is a women and has spent a period of about one year and seven months as an under trial prisoner.
Therefore, considering the fact that as of now, the charge itself is not framed and the applicant has undergone period of about one year and seven months as an under trial period so also the fact that the orders granting bail to other co- accused have attained finality, I see no reason to refuse bail to the present applicant and, therefore, the order:-
i. The application is allowed.
ii. The applicant/accused in Crime No. 477 of 2021 registered with Kadamkuan Police Station for the offences punishable under Sections 307, 120-B r/w 34 of the Indian Penal Code as well as under Section 27 of the Arms Act is Patna High Court CR. MISC. No.11822 of 2023(3) dt.10-05-2023 6/6 directed to be released on bail on executing P.R. bond of Rs.10,000/- (Rupees Ten Thousand) on furnishing surety of the like amount to the satisfaction of the Learned Additional District and Sessions Judge - XVIII, Patna, with the following conditions: -
(i) As a condition of this order the applicant/accused should not temper prosecution evidence in any manner.
(ii) The applicant/accused should cooperate the trial court in expeditious disposal of the trial by remaining present on each and every date of hearing unless exempted by the learned trial court.
(A. M. Badar, J) Aditi/Saurabh U T