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Patna High CourtCR. MISC./13511/2022dismissed

Sandhya Devi v. The State Of Bihar

2023-01-24Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13511 of 2022 Arising Out of PS. Case No.-18 Year-2020 Thana- SAHAJITPUR District- Saran ====================================================== SANDHYA DEVI Wife of Mishlesh Kumar Singh, D/o Bamdeo Choudhry, Resident of Village- Moujegaon, P.S.- Sahajitpur, District- Saran (Chhapra). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Chandra Verma, Advocate For the Opposite Party/s :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The present petition is by way of second attempt at the behest of the petitioner for grant of regular bail in connection with Sessions Trial no. 382 of 2021, arising out of Sahajitpur PS case no. 18 of 2020 instituted for the offences punishable under Sections 302, 120(B), 201/34 of the Indian Penal Code, inasmuch as the earlier prayer of the petitioner for grant of bail was rejected by a co-ordinate Bench of this Court vide order dated 25.01.2021, passed in Cr. Misc. no. 32169 of 2020.

The accused persons including the petitioner herein are stated to have burnt the husband of the petitioner by sprinkling petrol on account of family dispute.

Patna High Court CR. MISC. No.13511 of 2022(6) dt.24-01-2023 2/2 The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case and she is having a clean antecedent. The learned counsel for the petitioner has further submitted that there is no eye-witness to the alleged occurrence and the petitioner is languishing in custody since 03.03.2020, without there being any progress in the on-going trial. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record, this Court finds that the prayer of the petitioner for grant of bail has already stood rejected earlier, on merits, by the aforesaid order dated 25.01.2021, hence, there being no change in circumstance, I do not find any occasion to re-consider the prayer of the petitioner for grant of bail, hence, the present petition stands dismissed. (Mohit Kumar Shah, J) rinkee/- U T