Rita Devi @ Reeta Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37213 of 2021 Arising Out of PS. Case No.-539 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Rita Devi @ Reeta Devi Wife of Hemant Singh @ Hemant Kumar Resident of Village- Singhaul, Ward No. 01, P.S.- Muffasil (Singhaul O.P.), DistrictBegusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sandip Kumar Gautam, Adv.
For the Opposite Party/s :
Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-02-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through the virtual court proceeding.
Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner is apprehending her arrest in a case registered for the offence punishable under Sections 302, 34 of the Indian Penal Code.
Petitioner is said to have killed the nephew of the informant.
It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely
Patna High Court CR. MISC. No.37213 of 2021(2) dt.08-02-2022 2/2 implicated in this case. He submits that the informant is not the eye witness of the incident. He submits that a compromise has been done between the parties. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.
Learned APP for the State opposes the prayer for bail and submits that it is a case where the death of 4 years 9 months old child has been reported at the hand of his father, grandfather and grandmother. He further submits that in the postmortem report it is very clear on the point of cause of death that the death of the deceased was resulted of asphyxia due to the injuries caused by twisting the neck.
Considering the nature of seriousness of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, her prayer for bail is rejected in connection with Muffasil P.S. Case No. 539 of 2020.
(Anjani Kumar Sharan, J) devendra/- U T