Sanju Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86602 of 2023 Arising Out of PS. Case No.-189 Year-2021 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Sanju Kumari, Wife Of Ranjeet Kumar Resident Of Mohalla - Shivaji Chowk, Ram Krishna Nagar, P.S. - Ram Krishna Nagar, District - Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Advocate Ms. Vaishnavi Singh, Advocate Mr. Ritwik Thakur, Advocate For the Opposite Party/s :
Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-07-2024
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with Sessions Trial No. 773 of 2021 arising out of Ram Krishna Nagar P.S. Case No. 189 of 2021 dated 13.05.2021 registered for the offence punishable under Sections 302, 120B, 201/34 of the Indian Penal Code.
3. As per prosecution, informant alleged that this petitioner along with other accused persons strangulated the informant's uncle (Fufa) and aunt to death with malafide intention to usurp the deceaseds' property.
4. Mr. Ajay Kumar Thakur, learned counsel for the petitioner submits that the petitioner is a widow and
Patna High Court CR. MISC. No.86602 of 2023(4) dt.08-07-2024 2/3 languishing in jail since 15.05.2021 and she has spent three years in jail and keeping her in custody continuously during trial will violate her right under Article 21 of Constitution of India and the trial of the petitioner is progressing at slow speed. As per the information, only two witnesses have been examined in the trial of the petitioner. It is further submitted that in the FIR a vague suspicion was raised against this petitioner and not a single tenant claimed to have seen any suspicious activity in the house of the petitioner and co-accused on their part when the alleged occurrence is said to have taken place, in fact, the petitioner is an innocent lady.
5. Md. Fahimuddin, learned APP appearing for the State has opposed the bail prayer of the petitioner and submitted that there is a serious allegation against this petitioner and the instant matter relates to double murder of the petitioner's fatherin-law and mother-in-law.
6. Heard both the parties and perused the FIR and case diary. The instant matter related to the heinous offence of double murder, as per prosecution, this petitioner who is said to be daughter-in-law of the deceased persons, her husband and other relatives killed the deceased and after killing tried to get an advantage of Covid-19 situation but later on the other family
Patna High Court CR. MISC. No.86602 of 2023(4) dt.08-07-2024 3/3 members of the deceased who arrived at the spot on getting information, raised suspicion on seeing the marks around the neck of the deceased and thereafter, the crime was unearthed and as per the postmortem report the victims were killed by strangulation.
7. Considering the nature of allegation and seriousness of the offence, this Court is not inclined to release this petitioner on bail, however, considering her custody period this Court directs the trial court to conclude the trial of the petitioner in the next nine months from today and the prosecution shall take effective steps to produce its witnesses on each and every date fixed for prosecution's evidence. (Shailendra Singh, J) Rajiv/vinayakU T