The High Court of Jharkhand rejected a bail application filed by Sangita Devi, accused of murdering two children under Section 302 IPC. The court held the application deserves rejection.
The bail application was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A.No. 9254 of 2021
Sangita Devi wife of Sewak Kumar Mahto, resident of VillageGoradih Toli, P.O. & P.S.- Lesliganj, District- Palamau
… … Petitioner
Versus
The State of Jharkhand … … Opp. Party
---------- CORAM: HON’BLE MR. JUSTICE SUBHASH CHAND
---------For the petitioner : Mr. A. K. Chaturvedy, Advocate For the State : Mr. Ashok Kumar, A.P.P. ----------
03/ 01.11.2021 This bail application is on behalf of applicant Sangita Devi with a prayer to release her on bail in case crime being Lesliganj P.S. Case No. 115 of 2020 (DistrictPalamau), registered for the offence under Sections 302 of the Indian Penal Code.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the applicant has not committed the alleged offence and it is a case of accidental death and there is no evidence against the applicant and none has seen the applicant committing the alleged offence. It is also submitted that the applicant is languishing in jail since 18.02.2021.
Learned A.P.P. appearing on behalf of the State has vehemently opposed the contention made by the learned counsel for the applicant and conceded that the First Information Report of this case was lodged by the informant against the applicant who are husband and wife respectively in regard to committing the murder of two children of the applicant herself by throwing them and herself jumping into the pond also. It is further contended by the learned A.P.P. that the cause of committing the alleged offence is the dispute between the husband and wife on some issue and the applicant jumped into the pond along with two children and the persons of the same village, namely, Tetri Devi, Anju
Devi, Krishna Kumar and Ranjan Kumar (all witnesses) though have not seen the occurrence but they saw the applicant in the pond and rescued her and the bodies of two children were recovered from the pond. All these witness have stated that the relation between the applicant and her husband was strained and, therefore, she jumped into the pond with an intention to commit suicide of herself and also to commit murder of two children.
In view of the submissions made and considering the materials on record, the bail application of the applicant deserves to be rejected and accordingly, the same is rejected.
The trial court is directed to conclude the trial as expeditious as possible, preferably within a period of four months from today.
(Subhash Chand, J.)
Bibha/
2 issues framed by the court
Whether the bail application for a person accused of murder charged with the death of two children should be granted or rejected.
Whether the applicant's claim of innocence and accidental death justifies her release on bail.
1 provisions across 1 enactments
Sangita Devi
The State of Jharkhand
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
