Satya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10484 of 2020 Arising Out of PS. Case No.-104 Year-2019 Thana- SILAO District- Nalanda ====================================================== SATYA DEVI Wife of Late Kapil Ravidas Resident of Village- Bhuee Mahadalit Tola, P.S.- Silao, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Premchandra Yadav, Adv.

For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-11-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 120B and 34 of the Indian Penal Code.

As per the prosecution case, the brother and mother of the deceased are stated to have assaulted the husband of the informant with a sword and an axe leading to grievous injury on his neck and head which lead to his death.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the F.I.R. are false and incorrect. The petitioner who is an 80 year old lady has been falsely implicated in the case because of family dispute. Coaccused Kundan Ravidas against whom there is allegation of assault with a sword on the neck of the deceased has been

Patna High Court CR. MISC. No.10484 of 2020(7) dt.16-11-2021 2/3 enlarged on bail vide order dated 28.7.2021 passed in Cr. Misc. no.16523 of 2021. Referring to the copy of the post-mortem report produced by him, learned counsel for the petitioner submits that the doctor has opined the cause of death to be the injuries mentioned in the report and not any specific injury attributable to this petitioner alone. The petitioner is in custody since 5.6.2019 and is an 80 year old lady having no criminal antecedent.

The application for bail is opposed by learned A.P.P. for the State who submits that from the contents of the post-mortem report produced by learned counsel for the petitioner, it would transpire that a lacerated wound with fracture of left temporal bone was found on the body of the deceased which is the main cause of death and the same is directly attributable to this petitioner as per the allegations in the F.I.R.

Having heard learned counsel for the parties and taking into consideration the facts of the case including the direct allegation against this petitioner which is supported by the contents of the post-mortem report, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Learned trial court is directed to expedite the trial and

Patna High Court CR. MISC. No.10484 of 2020(7) dt.16-11-2021 3/3 conclude the same preferably within a period of six months from the date of receipt of a copy of this order. Liberty is granted to the petitioner to renew her prayer for bail, if there is no substantial progress in the trial within the aforesaid period.

(Partha Sarthy, J) Saurabh/- U T