Patna High CourtCR. MISC./41792/2024bail rejected

Rani Kumari @ Rani Raj v. The State Of Bihar

2024-09-27Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41792 of 2024 Arising Out of PS. Case No.-5 Year-2024 Thana- KHODAWANDPUR District- Begusarai ====================================================== Rani Kumari @ Rani Raj Daughter Of Deo Narayan Rai @ Dev Kumar Rai Resident Of Village - Fafaut, P.S. - Khodawandpur, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Chandra, Adv.

For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-09-2024 Heard Learned Counsel for the petitioner, Learned A.P.P. for the State and Learned Counsel for the informant.

2. The petitioner seeks regular bail in connection with Khodawandpur P.S. Case No. 05 of 2024 dated 07.01.2024, lodged under Sections 302, 120(B), 34 of the Indian Penal Code pending before the Court of Sub-Divisional Judicial Magistrate, Manjhaul, Begusarai.

3. As per the prosecution, FIR has been lodged against 5 named accused persons including the present petitioner. The allegation made in the FIR is that all the accused persons in connivance with each other have killed the informant's son by strangulating his neck.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.41792 of 2024(4) dt.27-09-2024 2/3 submits that the petitioner is a lady and she is actually the victim of this case under compelling circumstances. Counsel submits that the dead body of the informant's son (deceased) has been recovered from the petitioner's house. Counsel further submits that it is true that the bail application of co-accused Md. Sajjad has been rejected vide order dated 26.07.2024 passed in Cr. Misc. No.35985 of 2024, but so far as the petitioner is concerned, she is innocent. Counsel also submits that the criminal antecedent of the petitioner is clean and she is in custody since 09.01.2024.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Learned Counsel for the informant vehemently opposes the prayer for bail of the petitioner and submits that case diary as well as post-mortem report has been called for and from the post-mortem report, it has been opined that the death has been caused due to asphyxia as a result of strangulation. Counsel further submits that it is the petitioner who has made conspiracy of the murder of her husband (informant's son) as she called co-accused Md. Sajjad at her house and conspired and instigated him to kill her husband. Counsel submits that the petitioner in her confessional statement has narrated the entire

Patna High Court CR. MISC. No.41792 of 2024(4) dt.27-09-2024 3/3 modus operandi and this operandi was subsequently corroborated from recovery of the said cloth by which deceased neck was strangulated and as well as the blade which was used in the commission of crime.

7. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

8. Accordingly, the prayer for regular bail of the petitioner is hereby rejected.

9. Trial Court is directed to expedite the trial within 9 months from today.

(Dr. Anshuman, J) Divyansh/- U