Nitu Devi @ Nitu Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44730 of 2025 Arising Out of PS. Case No.-167 Year-2020 Thana- BACHHWARA District- Begusarai ====================================================== Nitu Devi @ Nitu Kumari W/O Late Ramparbesh Yadav@ Rampraversh Yadav R/O Village- Sibu Tol, P.S. Bachhwara, Dist.- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kumar Sinha For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Bachhwara P.S. Case No. 167/2020 dated 13.08.2020 registered for the offence punishable u/s 302, 201 and 120B read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the informant's brother's wife had illicit relationship with someone which was being objected by the deceased. It is alleged that the informant's brother was killed by his wife and his in-laws and the dead body of the informant's brother was hanged with a gamchha on a tree in order to conceal the evidence.
Patna High Court CR. MISC. No.44730 of 2025(2) dt.03-09-2025 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is the wife of the deceased. Learned counsel further submitted that the dead body of the deceased was found hanging from a tree which is 6-7 kilometers away from the village of the petitioner. There is no eye witness of the case. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.04.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the petitioner is the wife of the deceased. Earlier the anticipatory bail of the petitioner was rejected by this court vide order dated 02.01.2023 passed in Cr. Misc. No. 31532/2022. It is further submitted that there was no good relationship between the deceased and the petitioner and further submitted that on call from his sasural, the deceased went there and on the next day his dead body was found hanging on a tree. Learned counsel further submitted that as per the post-mortem report, the cause of death is due to asphyxia as a result of strangulation.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.44730 of 2025(2) dt.03-09-2025 3/3 of the case as well as the heinous nature of offence against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Bachhwara P.S. Case No. 167/2020, pending in the court of learned Chief Judicial Magistrate, Begusarai.
7. Learned court below is directed to conclude the trial of the petitioner at the earliest.
(Chandra Prakash Singh, J) atul/- U T