Leela Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34745 of 2019 Arising Out of PS. Case No.-625 Year-2017 Thana- KISHANGANJ District- Kishanganj ====================================================== LEELA DEVI W/o Ranjeet Paswan Resident of Kharbasti Doula, P.S. and District- Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Singh, Advocate For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-01-2021 Heard the learned counsel for the petitioner and Shri Nawal Kishore Prasad, the learned A.P.P. for the State. The present petition is by way of second attempt at the behest of the petitioner in connection with S.T. No. 155 of 2018 arising out of Kishanganj P.S. Case No. 625 of 2017 for the offence registered under Sections 363, 365, 302, 201, 379, 411/34 of the Indian Penal Code inasmuch as the earlier prayer of the petitioner for grant of bail was rejected by this Court vide order dated 09.07.2018 passed in Criminal Misc. No. 27312 of 2018.

The allegation in the present case is that the deceased had gone for collection of money and lastly, talk was held on his mobile at 1:30 in the afternoon, thereafter his mobile was switched off. It is alleged that the deceased was carrying one tablet, one printer and a sum of Rs. 82,000/- as well as he was driving a motorcycle.

Patna High Court CR. MISC. No.34745 of 2019(6) dt.15-01-2021 2/2 The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 25.11.2017 and there is no progress in the trial.

Per contra, Shri Nawal Kishore, the learned A.P.P. for the State has vehemently opposed the prayer for bail and has submitted that it would be apparent from the earlier order dated 09.07.2018 that the money, printer etc. of the deceased were recovered from the house of the petitioner and the deceased was also seen last at the house of the petitioner, hence there being no change in circumstance, no leniency is warranted in the present case.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials on record as also considering the fact that there is no change in circumstance so as to warrant re-consideration of the prayer of the petitioner for grant of bail, I do not find any merit in the present petition. Accordingly, the present petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/- U T