Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68150 of 2024 Arising Out of PS. Case No.-576 Year-2021 Thana- SONEPUR District- Saran ====================================================== Asha Devi Wife of Bhagwat Chaudhary Resident of village- Kasmar Nawada, Police Station- Sonepur Pahelja O.P., District- Saran, Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Mili Kumari, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-11-2024 Heard Ms. Mili Kumari, learned counsel for the petitioner and Mr. Akshay Lal Pandit, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 10.08.2022, in connection with S. Tr. No. 138 of 2023 arising out of Sonepur P.S. Case No. 576 of 2021, FIR dated 03.10.2021 for the offences punishable under Section 363 of the Indian Penal Code and changed Sections 367 and 369 of the Indian Penal Code.

3. Earlier the prayer for bail of the petitioner was rejected vide order dated 18.05.2023 passed in Cr. Misc. No. 72083 of 2022. Thereafter the petitioner has again moved before this Hon'ble Court in Cr. Misc. No. 58816 of 2024 but the same was dismissed as withdrawn with the liberty to the petitioner to move before the learned Court below vide order dated

Patna High Court CR. MISC. No.68150 of 2024(3) dt.26-11-2024 2/2 09.08.2024.

4. Vide order dated 20.09.2024, a report with regard to the present status of the trial was called for. Report of the learned Trial Court dated 17.10.2024 reveals that out of eight charge-sheet witnesses, five witnesses have already been examined.

5. Learned APP for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case and the material come during the investigation against the petitioner as well as the report of the learned trial Court, I am not inclined to enlarge the petitioner on bail in connection with S. Tr. No. 138 of 2023 arising out of Sonepur P.S. Case No. 576 of 2021 pending in the Court of learned Additional Sessions Judge-I, Chapra, Saran.

7. Prayer is refused.

8. However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) ajay/- U T