Chhathiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11189 of 2020 Arising Out of PS. Case No.-161 Year-2019 Thana- PARSA District- Saran ====================================================== Chhathiya Devi, aged about 50 years, Female, Wife of Bisheshwar Prasad Yadav Resident of Village - Fatehpur, P.S.- Parsa, District - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Jain For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-10-2020 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Parsa P.S. Case No. 161 of 2019 registered for offences under sections 302, 120(B) of the Indian Penal Code. This is the second attempt of the petitioner for grant of bail as her bail has been rejected earlier vide order dated 20.11.2019 passed in Cr. Misc. No. 62778 of 2019. The prosecution story in short is that on 23.5.2019 at about 9.30 PM, Roshan Kumar son of the Informant, left his home with his friend Guddu Kumar by motorcycle to attend a function. At about 11 PM, his friend Guddu informed on telephone that the co-accused Kavita Kumari, friend of Roshan Kumar, had called him and both of them had gone to the village

Patna High Court CR. MISC. No.11189 of 2020(6) dt.06-10-2020 2/2 Fatehpur to meet Kavita Kumari where Roshan was caught hold by the accused persons, they assaulted him and locked in a room but, Guddu managed to escape from there. Thereafter, the Informant started to search his son Roshan, went to the village Fatehpur and met with the accused persons who told him that Roshan has fled away from there. On next morning, the dead body of the Roshan Kumar was found.

Learned counsel for the petitioner submits that there is no direct allegation against the present petitioner rather only an allegation has been made of hurling abuses but, the offence has been committed inside the house, the victim was killed mercilessly and the body was thrown.

Looking to the entire facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner, above named, is rejected for the present.

(Shivaji Pandey, J) rishi/- U T