Sarita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43268 of 2024 Arising Out of PS. Case No.-81 Year-2024 Thana- ROH District- Nawada ====================================================== Sarita Devi Wife of Late Sunil Rajak R/O Vill.- Barapandeya, P.S.- Roh, Dist.- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Prasad, Advocate For the Opposite Party/s :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Roh P.S. Case No. 81 of 2024 instituted for the offences under Sections 302, 201/34 of the Indian Penal Code.
3. Prosecution case, in short, is that, on the alleged date and time, the husband of the informant left house but did not return. It is further alleged that next day, the dead body of the informant's husband was found in a sack near Anaila Sundar Road and was cut into pieces.
4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case due to local village politics. Petitioner is not named
Patna High Court CR. MISC. No.43268 of 2024(3) dt.26-10-2024 2/3 in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Rajnish Kumar and Sujeet Kumar Singh. Learned counsel further submitted that except suspicion, no material has cropped up during investigation. It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.03.2024 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP referring to paragraph nos. 52, 54, and 91 of the case diary submitted that this petitioner along her two associates brutally killed her husband by hatching a conspiracy. Learned APP further submitted that the offence is heinous in nature and investigation of the case is still going on, therefore, the petitioner does not deserve to be released on bail.
6. Having considered the rival contentions of both the parties and taking into account the brutal murder of the petitioner's husband and the active role of the petitioner in committing the murder of her husband after hatching a conspiracy, this Court is not inclined to grant bail to the petitioner.
7. Prayer for grant of bail to the petitioner is, hereby,
Patna High Court CR. MISC. No.43268 of 2024(3) dt.26-10-2024 3/3 rejected.
8. Learned trial Court is directed to expedite the trial.
9. However, if the trial is not concluded within a period of six months from today, liberty is granted to the petitioner to renew her prayer for grant of bail. (Rudra Prakash Mishra, J) Alok Verma/- U T