Madina v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.10451 of 2021 Arising Out of PS. Case No.-65 Year-2019 Thana- KURLIKOT District- Kishanganj ====================================================== Madina, Wife of Saiyad R/O Village- Kauabhitta, P.S.- Kurlikot, Distt.- Kishanganj.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-08-2021 Heard learned counsel for the petitioner and Ms. Meena Singh, learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Kurlikot P.S. Case No. 65 of 2019 registered for the offence under Section 302 of the Indian Penal Code. She is in custody since 23.11.2019.

Learned counsel for the petitioner submits that as per the prosecution story, when the informant was not at her house and in her absence the petitioner, who happened to be the aunt of the deceased boy, took away the newly born boy aged about 19 days only and killed him by throttling his neck. Learned counsel submits that the petitioner is the sister-in-law (Gotni) of the informant and out of family dispute she has been made accused.

Patna High Court CR. MISC. No.10451 of 2021(3) dt.13-08-2021 2/2 Learned A.P.P. for the State submits that the dead body of the 19 days old boy was found in the room of the petitioner which was concealed in a bag and petitioner has confessed that she had killed the boy out of jealousy. Several witnesses have supported the prosecution story in the case diary. Considering the facts and circumstances of the case, the seriousness of the allegations against the petitioner and the kind of materials showing recovery of dead body from the room of the petitioner and the post-mortem report disclosing that the 19 days old child of the informant was killed by hard and blunt substance and by throttling his neck, this Court is not inclined to release the petitioner on bail.

Prayer for regular bail of the petitioner is, thus, refused.

Let the trial be expedited.

(Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.