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Patna High CourtCR. MISC./43649/2023rejected

Seema Devi v. The State Of Bihar

2023-08-23Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43649 of 2023 Arising Out of PS. Case No.-60 Year-2020 Thana- PATAHI District- East Champaran ====================================================== Seema Devi Wife Of Nandlal Das Resident Of Village - Belahi Ram, P.S. - Patahi, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 326, 307, 504/34, 302 of the Indian Penal Code.

It is alleged by the informant that when the son of the informant caught his wife Seema Devi, the petitioner along with co-accused Ghuran Das in a compromising condition, the petitioner and co-accused Ghuran Das lit the body of the son of the informant on fire, as a result of which, he succumbed to the injuries

Patna High Court CR. MISC. No.43649 of 2023(3) dt.23-08-2023 2/3 while treatment.

It is submitted by learned counsel for the petitioner that petitioner is innocent and she has falsely been implicated in this case. The informant is not the eye witness to the occurrence. For the alleged occurrence of 01.04.2020, the F.I.R was registered on 04.04.2020. The informant's son was a hypersensitive man, who used to react on petty matters and he himself committed suicide. The petitioner is languishing in custody since 29.09.2020. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that there is specific allegation against the petitioner that she along with coaccused Ghuran Das lit the body of the victim on fire since he caught the petitioner along with co-accused Ghuran Das in a compromising position. During

Patna High Court CR. MISC. No.43649 of 2023(3) dt.23-08-2023 3/3 investigation, the witnesses have supported the case of the prosecution. The postmortem report also corroborate the case of the prosecution.

Considering the facts aforesaid, this Court is not inclined to grant bail to the petitioner. The prayer for grant of bail to the petitioner stands rejected. The Trial Court is directed to expedite the trial and conclude the same at the earliest.

(Sunil Kumar Panwar, J) Shageer/- U T