Patna High CourtCR. MISC./12048/2024dismissed

Sinku Devi v. The State Of Bihar

2024-08-09Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11954 of 2024 Arising Out of PS. Case No.-163 Year-2023 Thana- BASANHI District- Saharsa ====================================================== Mohan Mandal @ Mohan Kumar S/O LATE LALLAN MANDAL R/O VILLAGE- NARHIYA, WARD NO. 7, PS. BASNAHI, DIST.- SAHARSA. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 12048 of 2024 Arising Out of PS. Case No.-163 Year-2023 Thana- BASANHI District- Saharsa ====================================================== 1.

Sinku Devi Wife of Naresh Mandal Resident of vill.-Narhaiya W No.08. P.S.-Basnahi, Distt.-Saharsa 2.

Naresh Mandal Son of late Lalo Mandal Resident of vill.-Narhaiya W No.08. P.S.-Basnahi, Distt.-Saharsa ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 11954 of 2024) For the Petitioner/s :

Mr.Priyanka Singh For the Opposite Party/s :

Mr.Dilip Kumar No. 1 (In CRIMINAL MISCELLANEOUS No. 12048 of 2024) For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-08-2024 Re. Cr. Misc. No. 11954 of 2024 Heard learned counsel for the petitioner and learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Basnahi P.S. Case No. 163 of 2023 for the offences punishable under Sections 302/201/120B/34 of the Indian Penal

Patna High Court CR. MISC. No.11954 of 2024(4) dt.09-08-2024 2/3 Code.

3. The deceased was having illicit relationship with one Sinku Devi. His deadbody was recovered and it was suspected that Sinku Devi and other co-accused have killed the deceased.

4. Learned Senior Counsel appearing for the petitioner submits that the petitioner is innocent and has not committed the offence. There is no material against him except suspicion.

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail.

6. I have gone through the case diary. From the materials available on record, it appears that the deceased was in relationship with Sinku Devi. One of the witness during investigation has said that he had seen the accused person including the petitioner and her husband going hurriedly. On the date of killing, the deceased had telephonic conversation with Sinku Devi. The petitioner has criminal antecedent also.

7. Considering the facts and circumstances of the case, this application is dismissed.

Re. Cr. Misc. No. 12048 of 2024 Heard learned counsel for the petitioners and learned APP appearing on behalf of the State.

Patna High Court CR. MISC. No.11954 of 2024(4) dt.09-08-2024 3/3

2. The petitioners apprehend their arrest in connection with Basnahi P.S. Case No. 163 of 2023 for the offences punishable under Sections 302/201/120B/34 of the Indian Penal Code.

3. The deceased was having illicit relationship with one the petitioner Sinku Devi. His deadbody was recovered and it was suspected that Sinku Devi and other co-accused have killed the deceased.

4. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail.

5. I have gone through the case diary. From the materials available on record, it appears that the deceased was in relationship with Sinku Devi. One of the witness during investigation has said that he had seen the accused person including the petitioner and her husband going hurriedly. On the date of killing, the deceased had telephonic conversation with the petitioner Sinku Devi.

6. Considering the facts and circumstances of the case, this application is dismissed.

(Sandeep Kumar, J) Saif/- U T