Priyanka Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8011 of 2018 Arising Out of PS.Case No. -370 Year- 2017 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Priyanka Devi Wife of late Sujit Pandey Resident of Village- Gangta, P.S. Gidhaur, District Jamui, at Present residing at Mohalla- Sansar Pokhar, Ward No. 17, P.S. Lakhisarai, District Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-02-2018 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner seeks bail in Lakhisarai (Kabaiya) P.S. Case No. 370 of 2017 registered under Section 302/120B/34 of the Indian Penal Code.

As per the prosecution case, the petitioner is said to have committed murder of her husband by assaulting on her chest by means of knife over strained relation with her husband. It is submitted by learned counsel for the petitioner that there is no eye witness in this case rather it is a case of circumstantial evidence. No occurrence as alleged has taken place. As a matter of fact, the petitioner was cutting the shell of coconut by means of knife, in the meantime her husband arrived there and asked her to go to market and tried to snatch the knife and in

Patna High Court Cr.Misc. No.8011 of 2018 (03) dt.20-02-2018 - 2 - course of snatching the knife pierced into his chest resulting into his death. There is no motive behind the occurrence. On the other hand, learned A.P.P. and learned counsel for the informant vehemently opposing the prayer for bail have submitted that there is direct allegation against the petitioner of committing murder of her husband by assaulting on his chest by means of knife over strained relation with her husband for extra marital affairs of petitioner with someone else. The I.O. has also recovered the knife, bloodstained bed sheet and the sleeper of the deceased and seized the aforesaid articles. It is further submitted that the small knife used in the kitchen for cutting the vegetable cannot be used for cutting the hard portion of coconut i.e. shell. Moreover the blood was not found in the kitchen rather in the bedroom.

In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail and her payer of bail is rejected. However, the learned trial Court is directed to conclude the trial as expeditiously as possible, preferably within a period of six months from the date of commitment of the case. (Prakash Chandra Jaiswal, J) Trivedi/- U T