Subhanti Devi @ Sumanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71472 of 2019 Arising Out of PS. Case No.-140 Year-2019 Thana- ARWAL District- Jehanabad ====================================================== SUBHANTI DEVI @ SUMANTI DEVI Wife of Chhotu Ram @ Kariyawa Resident of Village- Wasilpur, Brahmsthan, P.S.- Arwal, District- Arwal. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brisketu Sharan Pandey For the Opposite Party/s :
Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-02-2020 Heard the parties.
This application is for grant of regular bail in connection with Arwal P.S.Case no.140 of 2019 dated 25.5.2019 for the offences under Sections 302, 201 and 34 of the Indian Penal Code.
Dead body of the deceased was found in the house and at that time only the petitioner was present in the house. It further appears that the postmortem report discloses that the death is due to strangulation.
Submission of the learned counsel for the petitioner is that as a matter of fact the deceased was drunker and he might have died due to excessive drinking. Petitioner is in custody since 26.5.2019 Heard learned A.P.P. who has opposed the prayer
Patna High Court CR. MISC. No.71472 of 2019(3) dt.05-02-2020 2/2 for bail that the postmortem report also discloses that death is homicidal and only the petitioner was present in the house. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage, however, if any substantive progress has not been made during the trial the petitioner is at liberty to renew his prayer for bail before the learned trial court, who will consider the same on the basis of the materials available on the record .
With the aforesaid observation, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U T