Chanda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19631 of 2022 Arising Out of PS. Case No.-390 Year-2021 Thana- RAMNAGAR District- West Champaran ====================================================== Chanda Devi Wife of Late Rameshwar Ram Resident of Village - Bhawal, Police Station - Ram Nagar, District - West Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1, Advocate.

For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 06-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Mr. Vijay Kumar Singh No.1, learned counsel for the petitioner and Mr. Ram Bilash Roy Raman, learned APP for the State are present and they are heard.

Petitioner seeks regular bail in connection with Ram Nagar P.S. case no. 390 of 2021 registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code. As per the allegation, the informant's sister who happens to be daughter-in-law of this petitioner was strangulated to death and allegedly this petitioner and husband of the deceased always physically tortured the deceased. The main submissions advanced by Mr. Vijay Kumar Singh, learned counsel for the petitioner are that the petitioner is

Patna High Court CR. MISC. No.19631 of 2022(3) dt.06-09-2022 2/3 60 years old widow lady and languishing in jail since 18.11.2021 and admittedly the victim's marriage was solemnized ten years ago and during that period the victim did not file any complaint in regard to alleged cruel behaviour and the husband of the deceased is in judicial custody and the petitioner was living separately from the husband of the deceased at the time of alleged occurrence.

Mr. Ram Bilash Roy Raman, learned APP has opposed the prayer for bail.

Heard both the sides and perused the FIR and the case diary of this case. There is specific allegation against the petitioner and as per the informant six months before the alleged occurrence this petitioner and husband of the deceased had assaulted the victim and as per the FIR this petitioner and her son always physically tortured the victim and as per the inquest report the deceased was strangulated to death and as per the statements of some material witnesses mentioned in paragraph no. 11 and 12 of the case diary the petitioner was having no good relation with the victim and always committed mar-pit with her. The victim died by an unnatural way and her dead body was found in the house of this petitioner lying on the gate. Considering the nature of allegation appearing against this

Patna High Court CR. MISC. No.19631 of 2022(3) dt.06-09-2022 3/3 petitioner, in the opinion of this Court it is not a fit case for grant of bail to the petitioner.

Accordingly her prayer for bail stands rejected. The trail Court is directed to expedite the trial of the petitioner, if the trial is not concluded in the next nine months then the petitioner may renew his prayer for bail. (Shailendra Singh, J) siddharthkr/- U T