Patna High CourtCR. MISC./78249/2024bail rejected

Panchiya Devi @ Pacho Devi @ Pancho Devi v. The State Of Bihar

2025-03-19Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78249 of 2024 Arising Out of PS. Case No.-249 Year-2023 Thana- KARJA District- Muzaffarpur ====================================================== Panchiya Devi @ Pacho Devi @ Pancho Devi Wife of Umesh Sahni R/O Vill. and P.O.- Karja, P.S.- Karja, Dist.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Chaudhry, Adv For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Sessions Trial No. 551 of 2024 arising out of Karja P.S Case No. 249 of 2023 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 326, 307, 302, 354, 504, 506 of the Indian Penal Code.

3. As per allegation in the FIR, the petitioner has killed the informant's husband by stabbing knife into his chest due which he died

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that there is no specific allegation against the petitioner.

Patna High Court CR. MISC. No.78249 of 2024(3) dt.19-03-2025 2/2 All the allegations levelled against the petitioner is general and omnibus. He further submits nothing incriminating has been recovered from the possession of the petitioner. It is also submitted that petitioner is in judicial custody since 23.07.2023 having clean antecedent.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order dated 02.02.2024 and the postmortem report, it appears that the allegation of use of sharp pointed weapon as it says that the deceased died due to hemorrhage, coma and shock due to the injury caused by such weapon. Also the role of petitioner has been supported by the witnesses in para 11, 12, 13 and 14 of the case diary and as well as the allegation against the petitioner is serious in nature, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the bail application of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Sunnykr/- U