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Patna High CourtCR. MISC./22574/2016rejected

Rabri Devi @ Rabri @ Ranjana Kumari v. The State Of Bihar

2016-07-12Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.22574 of 2016 (3) dt.12-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22574 of 2016 Arising Out of PS.Case No. -542 Year- 2015 Thana -KANKARBAGH District- PATNA ====================================================== Rabri Devi @ Rabri @ Ranjana Kumari, Daughter of Late Nagendra Singh, Resident of village- Paina Chak, P.S.-Pandarak, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Arun Kumar Arun, Adv. For the Opposite Party/s : Ms. Gulnar Begum (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-07-2016 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel representing the State. The petitioner seeks bail in connection with Kankarbagh P.S. Case No. 542/2015 registered for the offence punishable under Section 302 of the Indian Penal Code.

Allegedly, Roshan Kumar who was sleeping with the petitioner in a room was found dead and the petitioner being the wife of the deceased after opening the door started going away speedily. Earlier also the petitioner was misbehaving with the deceased and she was not pleased with her husband (deceased). Submission is of false implication and only on suspicion petitioner has been made accused in this case. There is no legal and cogent material against him. The marriage of petitioner with

Patna High Court Cr.Misc. No.22574 of 2016 (3) dt.12-07-2016 the deceased was performed on 24.05.2015, the husband of petitioner was suffering from some ailment and he died due to ailment, but the petitioner has been implicated resulting she being lady suffering in custody since 05.08.2015.

Learned A.P.P. duly assisted by learned counsel for the informant opposes the prayer of bail by submitting that petitioner was only inside the room in the night and cause of death was found asphyxia resulting from ante mortem compression of neck and air passage. The conduct of the petitioner from earlier also was not good and she intentionally killed her husband. In the facts and circumstances stated above, considering the allegation and further materials collected during investigation against the petitioner, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, her prayer for bail stands rejected.

However, let the trial be expedited and concluded as early as possible, preferably within nine months from the date of receipt/production of a copy of this order.

(Jitendra Mohan Sharma, J.) Vinita/- U T