Renu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47245 of 2023 Arising Out of PS. Case No.-284 Year-2022 Thana- KAKO District- Jehanabad ====================================================== Renu Devi W/O Late Birendra Choudhary R/O Village- Lodipur, P.S. Kako, Bhelwar (OP), Dist. Jehanabad ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail, who is in custody since 29.11.2022 in connection with Kako (Bhelawar O.P.) P.S. Case No. 284 of 2022, F.I.R. dated 28.11.2022 for the offences punishable under Sections 302 and 34 of the Indian Penal Code.

3. Allegation against the petitioner is that she gave spade blow on the head of the husband of the informant with intent to kill as a result of which her husband sustained head injury and the injured was being brought on cot at Sadar Hospital, Jehanabad where he has succumbed to his injuries.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case due to

Patna High Court CR. MISC. No.47245 of 2023(3) dt.19-09-2023 2/3 previous dispute between the parties. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR and there is case and counter case between the parties.

5. The learned counsel for the informant and learned Additional Public Prosecutor for the State, on the other hand, on the basis of the material available on the record and the case diary, have vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner that she gave spade blow on the husband of the informant as a result of which he died and the postmortem report of the husband of the informant supports the allegation as alleged in the FIR and apart from the aforesaid, the petitioner carries one more case other than the present one but fairly submits that the petitioner is on bail in the said case, as mentioned in para-3 of the bail petition.

6. Considering the aforesaid facts, there is direct and specific allegation against the petitioner that she assaulted to the husband of the informant by spade and the husband of the informant died and injury report supports the allegation as alleged in the FIR, hence, I am not inclined to enlarge the petitioner on bail in connection with Kako (Bhelawar O.P.) P.S.

Patna High Court CR. MISC. No.47245 of 2023(3) dt.19-09-2023 3/3 Case No. 284 of 2022 pending in the court of learned S.D.J.M., Jehanabad.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T