Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32886 of 2015 Arising Out of PS.Case No. -98 Year- 2015 Thana -ROSERA District- SAMASTIPUR ======================================================

1. Anita Devi W/o Santosh Das Resident of Village Rahua Garaipatti, Police Station Rosera, District Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Dr. Ajeet Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-11-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under section 302 of the I.P.C Allegedly, the petitioner throttled her five year's old son to death.

Submission is of false implication and that there is no eye witness of the occurrence. The in-laws have killed the child and implicated the petitioner falsely. The prosecution story appears not probable and reliable and the petitioner is suffering in custody since 29.04.2015 without any cogent and reliable material. Charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence.

Patna High Court Cr.Misc. No.32886 of 2015 (4) dt.23-11-2015 2/2 The learned A.P.P. opposes prayer for bail.

In the facts and circumstances as stated above, considering that the doctor has also found cause of death due to throttling and as such considering the allegation attributed against the petitioner, serious in nature, this Court is not inclined to enlarge the petitioner on bail and accordingly her such prayer stands rejected in connection with Rosera P.S. Case No. 98 of 2015 pending in the Court of A.C.J.M. Rosera, DistrictSamastipur. (Jitendra Mohan Sharma, J) Abhay/- U T