Beauty Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28767 of 2022 Arising Out of PS. Case No.-19 Year-2017 Thana- GURARU District- Gaya ====================================================== Beauty Devi W/o Jitendra Singh, R/o Village- Tilari, P.S.- Guraru, Dist.- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alka Singh, Adv.

For the Opposite Party/s :

Mr. Rajendra Singh Shastri, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-11-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sessions Trial No. 258 of 2017 (S.J.) 14/2022 arising out of Guraru P.S. Case No. 19 of 2017 lodged under Sections 302, 201 & 120(B) of the I.P.C.

As per prosecution case, the specific allegation against the petitioner is to burn his two minor children and leave the house alleged to be with her boyfriend.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that under very unfortunate circumstances such events

Patna High Court CR. MISC. No.28767 of 2022(3) dt.16-11-2022 2/2 took place. He also submits that petitioner is in custody since 10.02.2017 and charge sheet has already been filed in this case. Upon specific query that whether charge has been framed in this case or not, learned counsel for the petitioner is not in a position to this Court that whether charge has been framed in this case or not.

Learned counsel for the State opposes the prayer for bail and submits that it is a heinous crime which has been committed by the petitioner in her selfishness and lust of her love in which she has burnt her two minor children and, therefore, she does not deserve bail.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner at present, therefore, the bail application of petitioner is hereby rejected.

The Trial Court is directed to expedite the trial within 9 months, if trial shall not be concluded within 9 months, the petitioner shall be at liberty to move further for bail. (Dr. Anshuman, J.) ravishankar/- U T