Ragini Devi @ Ragani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6747 of 2024 Arising Out of PS. Case No.-364 Year-2022 Thana- DURAULI District- Siwan ====================================================== Ragini Devi @ Ragani Devi WIFE OF BALMIKI SINGH RESIDENT OF VILLAGE- GOPALPUR, PS- DARAULI, DIST- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-02-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial no.250 of 2023 (arising out of Darauli P.S. Case no.364 of 2022) registered under sections 302, 201 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that as a result of altercation between the petitioner and his wife, both of whom happen to be gotni (sister-in-law), as narrated by his wife, the petitioner strangulated their 10 year old son and then threw him from the terrace as a result of which he fell down and died. The informant further states that the occurrence was seen by his parents.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.6747 of 2024(2) dt.17-02-2024 2/2 the petitioner has been falsely implicated in the case because of property dispute in the family. In case the parents of the informant had seen, such an occurrence would not have taken place. The allegations are false and malicious. The petitioner is in custody since 24.12.2022 and investigation in the case has concluded. She has no criminal antecedent.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the direct allegation against this petitioner in the F.I.R. of having strangulated the 10 year old son of the informant and of having thrown him from the terrace of the house leading to his death and the allegations being substantiated from the post-mortem report which finds mention in the order of the learned trial Court, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. (Partha Sarthy, J) Saurabh/- U T