Durga Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52075 of 2023 Arising Out of PS. Case No.-24 Year-2023 Thana- TEYAR District- Bhojpur ====================================================== DURGA DEVI W/O KAMLESH GIRI @ KAMLESH KUMAR GOSHWAMI R/O VILLAGE- TIYAR, P.S- TIYAR, DISTRICT- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is in custody since 14.03.2023 in connection with Tiyar P.S. Case No. 24/2023 registered for the offence punishable under Sections 307/34/342/324/326/323 of the Indian Penal Code. Later on Section 302 of the Indian Penal Code has been added.

3. As per the prosecution case, the deceased was found in an injured condition in the house of the petitioner. The police was not informed by the petitioner. The petitioner did not take her to hospital for treatment and subsequently the deceased died.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case due to ulterior motive. It is further submitted that the entire story is false and

Patna High Court CR. MISC. No.52075 of 2023(2) dt.23-08-2023 2/2 frivolous.

5. However, learned A.P.P. appearing on behalf of the State vehemently opposed the bail application.

6. Considering the facts and circumstances of the case and also the fact that the deceased was a 12 years old child, this Court is not inclined to enlarge the petitioner on bail. It is, accordingly, rejected.

(Sandeep Kumar, J) Saif/- U T