Patna High CourtCR. MISC./123/2025dismissed

Kaushalya Devi v. The State Of Bihar

2025-01-18Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.123 of 2025 Arising Out of PS. Case No.-273 Year-2023 Thana- SISWAN District- Siwan ====================================================== Kaushalya Devi W/o- Late Dhrup Turha Village - Morwan, P.S. - Siswan, Distrcit - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-01-2025 Heard the learned counsel for the petitioner and learned APP for the State.

2. This is the 2nd attempt of the petitioner. The petitioner seeks regular bail in connection with Siswan P.S. Case No. 273 of 2023 registered for the offence under Sections 304B, 328, 34 of the Indian Penal Code.

3. As per the prosecution case, due to non-fulfillment of demand of dowry, the accused persons have killed the deceased.

4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence. Petitioner is in jail since 17.10.2023.

5. Learned A.P.P. has vehemently opposed the prayer for bail and has submitted that all the witnesses have been

Patna High Court CR. MISC. No.123 of 2025(2) dt.18-01-2025 2/2 examined.

6. In these circumstances, I am not inclined to grant bail to the petitioner. Accordingly, this application for regular bail is dismissed.

7. It has been submitted by the learned counsel for the petitioner that the trial is pending because there is no Trial Judge.

8. If the aforesaid statement of the learned counsel for the petitioner is correct then the District Judge, Siwan will transfer the case to another court so that the trial is concluded at the earliest.

9. Let a copy of this order be communicated to the District Judge, Siwan through FAX for its compliance forthwith. (Sandeep Kumar, J) Shishir/- U T