Dewanti Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.5920 of 2015 (3) dt.22-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5920 of 2015 Arising Out of PS.Case No. -183 Year- 2014 Thana -BHOREY District- GOPALGANJ ====================================================== Dewanti Devi D/O Late Sudama Singh Resident of vill-Khedwapur,P.SBhorey,Distt-Gopalganj .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 22-04-2015 Heard learned counsels for the petitioner, informant and the State.

The petitioner seeks bail in a case for the offence punishable under Sections 302, 120B and 379 of the Indian Penal Code.

The allegation against the petitioner is to have assaulted with lathi and danda causing injury which led to the death of Dharmawati Devi, daughter of the informant.

It is submitted that there is no specific allegation of overt act against the petitioner. Seven persons have been made accused in this case and from the post mortem examination it appears that the fracture of the skull has led to the death of the deceased. The petitioner has no criminal antecedent.

The submission of the other side is that there is specific allegation of overt act against the petitioner along with Sukwariya Kuwar and Kamali Kumari and the other accused have only been named to make conspiracy to kill the deceased. It appears from the post mortem report that the deceased had three ante-mortem injuries. It is also submitted that after framing of charge the

Patna High Court Cr.Misc. No.5920 of 2015 (3) dt.22-04-2015 witnesses are being examined.

Considering the facts and circumstances, in my opinion, the petitioner does not deserve bail at this stage. Prayer for bail of the petitioner is rejected.

Let the trial of the petitioner in Bhorey P. S. Case no. 183 of 2014 be expedited.

(Amaresh Kumar Lal, J) sudip/- U T