Rekha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.69213 of 2018 Arising Out of PS. Case No.-211 Year-2018 Thana- DURGAWATI District- Bhabhua (Kaimur) ====================================================== Rekha Devi wife of Mahesh Rai R/o Village Khurd,P.S. Chainpur,Distt.- Kaimur at Bhabua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tribhuwan Narayan For the Opposite Party/s :
Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-12-2018 The petitioner seeks bail in connection with Durgawati P.S.Case No. 211 of 2018 registered under Sections 201 and 302 of the Indian penal Code.
Allegation against the petitioner is of killing her two children by drowning.
Submission of learned counsel for the petitioner is that prosecution story looks absurd and moreover, petitioner is suffering from mental disease and is of unsound mind and petitioner is in custody since 02.06.2018.
Heard learned APP also who opposes the prayer of bail on the ground that husband of the petitioner and other witness have supported the allegation against the petitioner and she is mentally fit also as such she does not deserve bail.
Patna High Court Cr.Misc. No.69213 of 2018(3) dt.06-12-2018 2/2 Having heard both sides and in the facts and circumstances, I am not inclined to grant bail to the petitioner. However, in view of claim of the petitioner that she is of unsound mind, the court below is directed to follow the provisions of Chapter XXV of the Code of Criminal Procedure and also get the petitioner examined by Medical Board and if she is found of unsound mind, and if she moves for bail, the same will be considered by the court below and disposed of on the basis of materials available on the record. Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) sujit/- U T