Sewak Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6599 of 2025 Arising Out of PS. Case No.-108 Year-2024 Thana- CHAKAI District- Jamui ====================================================== 1.
Sewak Das S/O Late Titu Das R/O Village- Paranchi, P.S- Chakai, Distt.- Jamui.
2.
Alti Devi W/O Sewak Das R/O Village- Paranchi, P.S- Chakai, Distt.- Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Soni Kumari, Adv For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh, APP For the Informant :
Mr. Anirudh Kumar Sinha, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-04-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are in custody in connection with Chakai P.S Case No. 108 of 2024 registered for the offences punishable under Sections 302, 12(B)/34 of the Indian Penal Code.
3. As per allegation in the FIR, petitioners along with his family members has assaulted the informant's daughter and his three year old son which resulted into death of both informant's daughter as well the kid.
4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. He next
Patna High Court CR. MISC. No.6599 of 2025(3) dt.19-04-2025 2/3 submits that petitioner no. 1 is father in law and petitioner no. 2 is mother in law of the deceased. He further submits that witnesses have supported the version of F.I.R. being hearsay witnesses which has come in para 11, 12 and 43 of the case diary. He further submits that petitioners are old persons and they have nothing to do with the daughter-in-law and the son as they used to live separately. Moreover, husband is already in custody. It is also submitted that petitioners are in judicial custody since 29.06.2024 having clean antecedents.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioners.
6. On perusal of the FIR, impugned order dated 16.11.2024, Postmortem report, it appear that Sunita Kumari was being harassed by husband and his family member as they were demanding Rs. 50,000/- case from Sunita who has been killed. On the body of deceased Sunita Kumari, it was found that sharp cutting present at epiglottis regions as someone has slit her neck and multiple lacerated would upon her neck, abdomen and forehead were found and abrasion on the frontal side of neck, tooth cut mark on the left side tongue, clotted blood towards left side of cheek and fracture of neck bone were found on the body of kid, it appears that both were brutally
Patna High Court CR. MISC. No.6599 of 2025(3) dt.19-04-2025 3/3 killed and the dead body of the deceased was found in the house of the petitioner, So considering the nature of allegation and and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner, this Court is not inclined to grant bail to the petitioner no.1.
7. So far as the petitioner no. 2 is concerned, she is old age lady, let the petitioner no. 2 be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge III at Jamui in connection with Chakai P.S Case No. 108 of 2024.
(Ramesh Chand Malviya, J) Sunnykr/- U