Moni Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85892 of 2024 Arising Out of PS. Case No.-75 Year-2024 Thana- PARBATTA District- Bhagalpur ====================================================== Moni Kumari D/O Late Upendra Yadav R/O Village- Jagatpur, P.S- Parvatta, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with S.Tr. No. 690 of 2024 arising out of Parbatta P.S. Case No. 75 of 2024 instituted for the offences under Sections 302, 326, 379, 337, 338 of the Indian Penal Code.

3. Accusation against the petitioner is of commission of murder of the mother of the informant.

4. Learned counsel for the petitioner submitted that the petitioner is innocent lady and has falsely been implicated in the

Patna High Court CR. MISC. No.85892 of 2024(3) dt.27-02-2025 2/3 present case merely on the basis of suspicion. Learned counsel further submitted that there is no eye-witness to the occurrence. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.04.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner stating that petitioner in her own confessional recorded in paragraph no. 25 of the case diary has confessed to the crime and specifically narrated the manner in which she killed the deceased which aligns with the post-mortem report, and therefore, the petitioner does not deserve to be released on bail.

6. Considering the aforesaid facts and circumstances of the case, nature and gravity of offence, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

8. Learned Trial Court is directed to expedite the trial.

9. However, liberty is granted to the petitioner to renew the prayer for grant of bail before the Trial Court if the trial is not concluded within a period of six months from today. If any such application is filed, the learned Trial Court shall

Patna High Court CR. MISC. No.85892 of 2024(3) dt.27-02-2025 3/3 consider the same on its own merit without being prejudiced by this order.

(Rudra Prakash Mishra, J) Alok Verma/- U T