In a bail application arising out of a murder case under Section 302 IPC, the Court rejected the petitioner's bail plea due to the grave nature of allegations and lack of incriminating evidence against her at the stage of bail.
Petitioner's prayer for bail is rejected. Trial directed to be concluded within a year.
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 JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43762 of 2022
Arising Out of PS. Case No.-21 Year-2022 Thana- BABUBARHI District- Madhubani
======================================================
Arti Kumari Thakur, D/O Raj Kumar Thakur @ Ram Kumar Thakur, W/O Chandu Thakur, R/o Village- Barail, P.S.- Babubarhi, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ugranath Mallick, Advocate Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Md. Aslam Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 01-02-2023
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
Let the defect (s), if any, as pointed out by the office, be removed within a period of four weeks.
In the present case, the petitioner seeks bail in connection with Babubarhi P.S. Case No. 21 of 2022 registered for the alleged offences under Section 302 of the Indian Penal Code.
As per prosecution case, the sister of the informant was married with one Chandu Kumar Thakur and out of this wedlock there was a son and a daughter. Due to some dispute sister of the informant has been residing at her parental home and the brother-in-law of the informant solemnized marriage
Patna High Court CR. MISC. No.43762 of 2022(4) dt.01-02-2023 2/3
with the petitioner. The nephew of the informant has been living with his father and step mother. On the date of occurrence, the informant came to know that the petitioner strangulated his nephew to death.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. It is apparent from the F.I.R. that the brother-in-law of the informant was not at his place and his son has been under the custody of his grand parents. There is nothing against the petitioner except suspicion and there is no eye witness to the alleged occurrence. The witnesses are from the village of the informant. No finger print were taken from the neck of the deceased child. Charge sheet has been submitted in this case and the petitioner is in custody since 30.01.2022.
Learned A.P.P. for the State opposes the prayer for bail of the petitioner submitting that even the grandfather of the deceased child has named the petitioner, who strangulated the child. Post mortem report also shows death was due to asphyxia caused by strangulation. The petitioner was with the child and it is not probable that there will be any eye witness.
Having regard to the facts and circumstances and considering the statement of the parties and further considering
Patna High Court CR. MISC. No.43762 of 2022(4) dt.01-02-2023 3/3
the direct and specific nature of allegation against the petitioner which is quite grave and serious, I am not inclined to enlarge the petitioner on bail at this stage. Hence, his prayer for bail is rejected.
Learned trial court is directed to expedite the trial and conclude the same within a year.
(Arun Kumar Jha, J)
daya/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in a case involving death charges under Section 302 IPC.
How to balance bail principles against the direct and serious nature of the allegations in a domestic hap.
1 provisions across 1 enactments
Arti Kumari Thakur
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
