Meena Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6745 of 2021 Arising Out of PS. Case No.-321 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.
Meena Devi Wife of Tilak Sharma Resident of Village- Ward No. 07, Dumri, P.S.- Muffasil (Singhaul O.P.), District- Begusarai. 2.
Mangal Kumar Son of Tilak Sharma Resident of Village- Ward No. 07, Dumri, P.S.- Muffasil (Singhaul O.P.), District- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pritish Kumar Lal, Adv.
For the State :
Mr. Yogendra Kumar Singh, APP.
For informant : Mr. Avinash Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-07-2021 Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the State and learned counsel for the informant through video conferencing. The petitioners have filed the instant application for grant of regular bail in connection with Mufasil (Singhaul O.P.) P.S. Case no. 321 of 2020 registered under sections 302, 304B and other sections of the Indian Penal Code.
As per allegation in the FIR, on 23.6.2020 the petitioners killed the sister of the informant by strangulating her with the rope.
It is submitted by learned counsel for the petitioners that the petitioners are mother-in-law and brother-in-law of the
Patna High Court CR. MISC. No.6745 of 2021(3) dt.06-07-2021 2/3 deceased. No offence under section 304B of the Indian Penal Code is made out against them. Final form has been submitted against the husband and father-in-law of the deceased. The allegations as levelled against them are false and concocted. They are in custody since 25.6.2020 and 17.8.2020 respectively. Investigation in the case has concluded and they undertake to cooperate in the trial.
The application for bail is opposed by learned Additional Public Prosecutor for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that not only the petitioners are named in the FIR but there is direct allegation against them of having strangulated the sister of the informant. Referring to paragraph no.34 of the case diary, it is submitted that in the opinion of the doctor the cause of death was due to asphyxia as a result of twisting of neck and the ligature mark appears to be post mortem in nature. Having heard learned counsel for the parties and taking into consideration the direct allegation against the petitioners, the Court is not inclined to enlarge the petitioners on bail and the application is rejected.
Learned Trial Court is directed to expedite the trial. In the facts of the case, liberty is granted to the
Patna High Court CR. MISC. No.6745 of 2021(3) dt.06-07-2021 3/3 petitioners to renew the prayer for bail after framing of charge. (Partha Sarthy, J) Bibhash U T