Nirmala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55643 of 2016 Arising Out of PS.Case No. -325 Year- 2016 Thana -NARPATGANJ District- ARRARIA ====================================================== Nirmala Devi, wife of Late Durg Bijay Yadav, resident of Village- Khabdah Kanehaili, Police Station- Narpatganj, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana, Adv. For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-03-2017 Heard both sides.

The petitioner seeks bail in Narpatganj P.S. Case No. 325/2016, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

The informant alleged that his son Vivek was playing with other children, but he became traceless, thereafter his deadbody was found in a bamboo bush of Upen Yadav. Dead body bore different injuries on different parts of the body. Learned counsel for the petitioner submits that the petitioner is innocent and she is lady aged about 65 years. There is no eye-witness of the occurrence, even blood stained clothes and knife which are said to have been recovered from the house of petitioner, has not been sent to Forensic Science Laboratory for

Patna High Court Cr.Misc. No.55643 of 2016 (3) dt.02-03-2017 2/2 examination.

It appears that witnesses saw the boy sitting on the cot of the petitioner at her darwaja, thereafter, the boy became traceless. From the house of the petitioner blood stained Sari, blood stained knife etc. were recovered.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

The Superintendent of Police, Araria is directed to look into the matter, as to under what circumstances, seized articles were not sent to F.S.L. for examination and a copy of this order be sent to the Superintendent of Police, Araria for information and needful.

(Prabhat Kumar Jha, J.) Vinita/- U T