Patna High CourtCR. MISC./45642/2018dismissed

Jasoda Devi v. The State Of Bihar

2018-09-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45642 of 2018 ======================================================

1. Jasoda Devi W/o Gango Mandal resident of village - Bakia, P.S. - Falka, District - Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tarun Prasad Mandal For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2018 Heard the parties.

Petitioner seeks bail in S.Tr. No.322 of 2017 arising out of Falka P.S.Case No.153 of 2017 registered for the offences under Sections 363, 365, 129 (B) of the I.P.C. Allegation against the petitioner is of committing murder of the husband of the informant in connivance with her son.

Submission of the learned counsel for the petitioner is that there is recovery of weapon at the instance of the petitioner and it does not connect with the petitioner to the death of the deceased. Co-accused Sagar Mandal from whose confessional statement dead body has been recovered, has already been granted privilege of bail by a coordinate Bench of this Court vide order dated 29.05.2018 passed in Cr.Misc.No.26395 of 2018.

Patna High Court Cr.Misc. No.45642 of 2018 (3) dt.11-09-2018 2/2 Heard learned A.P.P. also who opposed the prayer for bail of the petitioner stating that the confessional statement of this petitioner disclosed the whereabout of the weapon and dead body of the deceased and thereafter statement of Sagar Mandal was recorded and from a ditch the weapon and the dead body were recovered.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage.

However, once the charge has been framed against this petitioner, he may renew his prayer for bail before the trial court who shall consider the same on the basis of material available on the record.

The application is dismissed.

(Vinod Kumar Sinha, J) AnilKrSinha/- U