Archna Devi @ Archna Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3482 of 2023 Arising Out of PS. Case No.-85 Year-2022 Thana- SAKATPUR District- Darbhanga ====================================================== 1.

Archna Devi @ Archna Kumari Wife Of Ram Swaroop Choupal R/VSrirampur Dargah Tole, P.S- Sakatpur, Dist- Darbhanga 2.

Bulanti Devi Wife of Basudev Choupal R/V- Srirampur Dargah Tole, P.sSakatpur, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 Heard learned counsel for the petitioners and learned A.P.P appearing on behalf of the State. The petitioners are languishing in custody in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

The prosecution case as per F.I.R is that the dead body of the son of the informant was found in the house of the petitioner Bulanti Devi. The informant alleged that the petitioners along with other accused persons have killed his son.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.3482 of 2023(3) dt.09-05-2023 2/3 petitioners that petitioners are innocent and they have falsely been implicated in this case. The deceased was missing and later on his dead body was found from the under constructed house of the petitioners which is far away from the residential house of the petitioners. There is no eye witness to the occurrence. There is counter version of the occurrence also. The petitioners are languishing in custody since 29.09.2022 and 19.10.2022 respectively. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners and submitted that son of the informant was aged about 2.5 years and his dead body was recovered from the house of the petitioners. During investigation, it was found that these petitioners used to practice witchcraft and they might have used the witchcraft on the minor son of the informant and killed

Patna High Court CR. MISC. No.3482 of 2023(3) dt.09-05-2023 3/3 him.

Considering the nature of accusation being heinous in nature, this Court is not inclined to grant bail to the petitioners. The prayer for grant of bail to the petitioners stands rejected.

The trial Court is directed to expedite the trial and conclude the same at the earliest.

(Sunil Kumar Panwar, J) Shageer/- U T