Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56760 of 2024 Arising Out of PS. Case No.-613 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== 1.

Sunita Devi D/o Basishth Sah Resident of Village Khilwat, P.S. - Bidupur, Distt. - Vaishali 2.

Raju Kumar S/o Basishth Sah Resident of Village Khilwat, P.S. - Bidupur, Distt. - Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Himanshu Ranjan, Adv For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-10-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Session Trial No. 503/2023 arising out of Bidupur P.S. Case No. 613 of 2022 dated 18.11.2022 registered for the offence punishable u/ss 302, 201 read with 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have beaten the informant's brother to death when he went to his sasural to bring back his wife. It is further alleged that the dead body was thrown in the Ganga river by the accused persons.

Patna High Court CR. MISC. No.56760 of 2024(3) dt.03-10-2024 2/3

4. Learned counsel for the petitioners have submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioner no. 1 is the wife of the deceased and the petitioner no. 2 is brother-in-law of the deceased. The petitioners have clean antecedent as stated in para 3 of the bail petition. Similarly situated co-accused has already been granted bail by this Court vide order dated 25.08.2023 passed in Cr. Misc. No. 52933 of 2023. The petitioners are in custody since 19.11.2022. It is further submitted that on 14.09.2023 the charge sheet has already been submitted.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners by submitting that the petitioners participated in the occurrence to kill the deceased.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioners, this Court is not inclined to grant bail to the petitioners and the same is rejected in connection with Session Trial No. 503/2023 arising out of Bidupur P.S. Case No. 613 of 2022 pending in the court of learned Additional Sessions JudgeIII, Vaishali at Hajipur.

7. The application stands rejected.

8. The learned trial court is further directed to

Patna High Court CR. MISC. No.56760 of 2024(3) dt.03-10-2024 3/3 expedite the trial and conclude the same at the earliest. (Chandra Prakash Singh, J) Jyoti/- U T