Sima Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25045 of 2022 Arising Out of PS. Case No.-312 Year-2021 Thana- KALYANPUR District- Samastipur ====================================================== Sima Devi Wife Of Ranjesh Sahni R/O Village- Mirjapur, P.S.- Kalyanpur, District- Samatipur At Present Address Seema Devi D/O- Baidyanath Mandal, R/O Village- Sonaiya (AZIZPUR Chande), P.S.- Patepur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Roy For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 302 of the Indian Penal Code. As per the prosecution case, the informant's son Shekhar Kumar was strangulated to death by his mother Seema Devi on account of domestic dispute with her husband. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.25045 of 2022(2) dt.23-08-2022 2/2 case on mere suspicion. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated at para 3 of the bail petition. The petitioner is in custody since 08.11.2021.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. It is further submitted that there is specific allegation against the petitioner of strangulating her son to death, which gets support from the Post mortem report in which cause of death is due to strangulation resulting in Asphyxia.

Considering the aforesaid facts and circumstances as well as the specific and heinous nature of allegation against the petitioner, I am not inclined to enlarge this petitioner abovenamed on bail. Learned Trial Court is directed to expedite the trial and conclude the same preferably at the earliest. The bail petition stands rejected.

(Chandra Prakash Singh, J) atul/- U T