Abha Devi @ Abha Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13270 of 2020 Arising Out of PS. Case No.-14 Year-2012 Thana- RUDRAPUR District- Madhubani ====================================================== Abha Devi @ Abha Jha, Female, aged about 45 years, W/o Manoj Jha, Resident of Village- Rakhwari, P.S.- Rudrapur, Distt- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Soban Asghar, Advocate For the State :

Mr.Dilip Kumar No.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-06-2020 Heard the parties through the virtual court proceeding. The petitioner seeks bail in connection with Rudrapur P.S. Case No. 14 of 2012 arising out of G.R. No.474 of 2012 registered for the offences punishable under Sections 302, 201, 120(B), 34 of the Indian Penal Code.

The prosecution story in brief is that all accused persons named in the F.I.R. killed due to her protest illicit relationships of Anoj Jha with Bhabi.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and he has falsely been implicated in this case. The prosecution case is false and concocted. Petitioner was out of village at Merath (U.P.) for his private job. Mother-in-law Suryakala Devi has been enlarged on bail, husband Anoj Jha, father-in-law, mother-

Patna High Court CR. MISC. No.13270 of 2020(5) dt.29-06-2020 2/2 in-law have been acquitted in the present case. Petitioner is in jail custody since 13.12.2019. He further submits that there is no chance of absconding of the petitioner.

Learned A.P.P. for the State has opposed the prayer for bail.

After hearing both the parties and on perusal of case record, I find that F.I.R. has been lodged under Sections 302, 201/34 of I.P.C. petitioner is Jethani of the victim. From perusal of case diary, sufficient materials are available about the involvement of the petitioner in the occurrence. Charge sheet has been submitted against the petitioner.

In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is hereby rejected at present in connection with Rudrapur P.S. Case No.14 of 2012 arising out of G.R. No.474 of 212. However, petitioner is directed to renew his prayer for bail after framing of charge and the court below is directed to frame the charge against the petitioner expeditiously. (Anjani Kumar Sharan, J) Nasimul/- U T