Babli Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3103 of 2022 Arising Out of PS. Case No.-531 Year-2021 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== BABLI DEVI W/o- JAI SHANKAR SINGH Resident of Village- Diya, P.S.- Mohania, District- Kaimur at Bhabhua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 01-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Mohania P.S. Case 531/2021, registered for the offence punishable under Sections 328, 302, 34 of the Indian Penal Code.

As per prosecution case, there is accusation against the petitioner and other administered poison to the informant's daughter as a result of which victim died.

Learned counsel for the petitioner submits that the petitioner is languishing in custody since 15.11.2021 and bears no criminal antecedent. The informant is full brother of the petitioner's husband. The husband of the petitioner was threatening her to solemnize his second marriage and to divorce

Patna High Court CR. MISC. No.3103 of 2022(3) dt.01-09-2022 2/2 the petitioner and this is the reason for filing the present false case with false allegation against the petitioner. After death of the deceased girl, the informant and entire family members hatched a plan to implicate the petitioner in the present false with intention to ruin her life. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.

The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner and submits that the accusation against the petitioner is quite consistent with F.S.L. report.

Considering the facts and circumstances of the case, nature of allegation levelled against the petitioner coupled with the F.S.L. report and material available on record, I am not inclined to grant bail to the petitioner. Hence, prayer for bail of the petitioner stands rejected.

However, the trial court is directed to expedite the trial as early as possible.

(Alok Kumar Pandey, J) amitkumar/- U T