Neelam Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63288 of 2025 Arising Out of PS. Case No.-156 Year-2025 Thana- RAJAPAKAR District- Vaishali ====================================================== Neelam Sinha W/o Late Ram Krit Sinha R/o Village - Bhathadasi, Ward No. - 3, P.S. Rajapakkar, District - Vaishali (Bihar) ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vasant Vikas, Advocate For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-10-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

2. The accused/petitioner seeks bail in connection with Rajapakar P.S. Case No. 156 of 2025 registered for the offences under Sections 103(1), 61, 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.').

3. The accused/petitioner is named in the First Information Report and is in custody since 10.05.2025.

4. As per FIR, allegation against petitioner is to commit murder of her husband after calling her brother and nephew from her parental family due to certain family quarrel.

5. The photocopy of charge-sheet and copy of case

Patna High Court CR. MISC. No.63288 of 2025(2) dt.30-10-2025 2/3 diary including post-mortem report was submitted by learned A.P.P. across the board, which was taken on record.

6. It is submitted by learned counsel appearing on behalf of the petitioner that informant is the chowkidar of this case. It is pointed out that the occurrence was reported to chowkidar by Mukhiya of the village and no one is the eye witness. It is pointed out that entire implication is based upon hearsay input.

7. While concluding argument, it is submitted that investigation of this case is already completed, charge-sheet has been submitted and as such, there is no chance of tampering with the evidence.

8. Learned A.P.P. for the State, while opposing the prayer for bail of the petitioner, submitted that the petitioner, being wife, called her brother and nephew from her parental village, who after arriving to matrimonial home, assaulted her husband out of which he died in his home. It is pointed out that upon post-mortem, several injuries including fracture of 4th, 5th & 6th ribs on left side of chest of the deceased were found. The dead body was also recovered from the house

Patna High Court CR. MISC. No.63288 of 2025(2) dt.30-10-2025 3/3 itself, where the petitioner was living. It is pointed out that the petitioner could not explain the injury as received by her husband which proves fatal.

9. Considering the aforesaid factual submission and by taking note of fact as petitioner being wife could not explain the injury received by her husband, which proves fatal, the prayer of bail of the petitioner stands rejected.

10. However, as petitioner remains in custody since 10.05.2025 and is a lady, the trial court is directed to conclude the trial preferably within nine months from the date of receipt/production of a copy of this order. (Chandra Shekhar Jha, J.) Rajeev/- U T