Patna High CourtCR. MISC./67313/2022rejected

Sarita Devi v. The State Of Bihar

2023-04-25Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67313 of 2022 Arising Out of PS. Case No.-43 Year-2021 Thana- BAGENGOLA District- Buxar ====================================================== SARITA DEVI Wife of Shivmangal Ram Resident of Village - Bagen, P.S.- Bagen Gola, District - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Yadav, Adv.

For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 03.06.2021, in connection with S. Tr. No. 241/2021, arising out of Bagen Gola P.S. Case No. 43/2021, F.I.R. dated 02.06.2021, for the offence punishable under Sections 302/34 of the Indian Penal Code.

According to prosecution case, the petitioner along with other co-accused is alleged to have committed murder of the husband of the informant.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the

Patna High Court CR. MISC. No.67313 of 2022(4) dt.25-04-2023 2/2 petitioner has no role in the present occurrence. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

Vide order dated 05.04.2023, a report was called for from the Trial Court with regard to the stage of the trial. Report dated 17.04.2023 of the Trial Court reveals that total six witnesses have been examined and only one witness i.e. Medical Officer is yet to be examined.

Considering the report of the Trial Court, I am not inclined to enlarge the petitioner on bail in connection with S. Tr. No. 241/2021, arising out of Bagen Gola P.S. Case No. 43/2021, pending in the court of learned Additional Sessions Judge-4, Buxar.

Prayer is refused.

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