Baby Devi @ Baby Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27277 of 2024 Arising Out of PS. Case No.-140 Year-2023 Thana- JANDAHA District- Vaishali ====================================================== Baby Devi @ Baby Kumari wife of Sunil Ray @ Sunil Rai Village- Fathua Pakari W.No-3, Ps- Mahua Dist-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aniket Singh For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-04-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Jandaha P.S. Case No.140 of 2023 registered for the offence under Sections 302, 120B/34 of the Indian Penal Code. 3.

Allegation against the petitioner is to have committed murder of son of the informant along with other coaccused persons. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that there is no specific allegation against this petitioner and there is land dispute in between the parties, where, both the parties are

Patna High Court CR. MISC. No.27277 of 2024(2) dt.20-04-2024 2/3 borthers. It is further submitted that petitioner is a lady of clean antecedent and she is in custody since 14.05.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

In view of the submissions, as made above, as it appears from perusal of seizure list that from possession of accused person, namely, Subodh Rai, recovery of (i) blue colour jeans paint (ii) light green colour shirt (ii) white colour shoes, which was worn by Subodh Rai at the time of murder, on both shoes blood mark was available (iv) one blue color Oppo smart mob ile with SIM and (v) one black colour motorcycle (vi) one old helmet and from the possession of accused, namely, Sunil Rai, recovery of (i) one shirt of red colour (ii) blood stained Graish/Sileti colour paint (ii) blue colour shoes with blood mark (iv) one realme mobile along with SIMs (v) one blue colour realme mobile along SIM has been made, where, Sunil Rai is husband of the present petitioner and also during investigation on confessional statement the recovery of the weapons has been made which was used to kill the deceased, this Court is not inclined to grant bail to the petitioner, at present. 7.

Accordingly, the prayer of bail of the petitioner is rejected herewith.

Patna High Court CR. MISC. No.27277 of 2024(2) dt.20-04-2024 3/3 8.

Learned trial court is directed to conclude the trial within a period of one year from the date of receipt of a copy of this order and if the trial could not be concluded within specified period, the petitioner would be at liberty to renew the prayer for bail of the petitioner.

(Ramesh Chand Malviya, J) S.Katyayan/- U T