Partly allowed¶23

Sewak Das v. The State of Bihar

Patna HC19 Apr 2025CR. MISC./6599/2025

Case brief

AI extract

What is this about?

Regular bail; bail refused; bail granted; murder; IPC Section 302; IPC 12(B)/34; dowry/case demand Rs. 50,000; Sunita Kumari; three-year-old son killed; Chakai P.S. Case No. 108 of 2024; Jamui; father-in-law; mother-in-law; old-age accused; judicial custody since 29.06.2024; clean antecedents; Additional Sessions Judge III Jamui; bail bonds Rs. 10,000 with two sureties; impugned order dated 16.11.2024; postmortem report; Patna High Court; CR. MISC. No. 6599 of 2025; Ramesh Chand Malviya, J.; decided 19-04-2025.

What did the court decide?

Regular bail granted to petitioner no. 2 (Alti Devi) on bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge III at Jamui; bail refused to petitioner no. 1 (Sewak Das). ¶23

Sewak Das Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

¶23

Issue for consideration

Whether petitioner no. 1 (Sewak Das) should be granted regular bail in Chakai P.S. Case No. 108 of 2024. +1 more

¶19

Court's answer

Bail refused to petitioner no. 1 (Sewak Das): on perusal of the FIR, impugned order and postmortem report the Court found that Sunita Kumari was harassed for Rs. 50,000/- by her husband and his family, that she and the child were brutally killed, and that the dead body was found in the house of the petitioner; considering the nature of the allegation, the facts and circumstances, and counsel's submissions, the Court was not inclined to grant bail.

¶22

Ratio / Principle

Petitioner no. 2 (Alti Devi), described as an old-age lady, ordered to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge III at Jamui, in connection with Chakai P.S Case No. 108 of 2024.

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Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No. 6599 of 2025, oral order dated 19-04-2025, Ramesh Chand Malviya, J. Regular-bail application by Sewak Das (petitioner no. 1, stated to be the father-in-law of the deceased) and Alti Devi (petitioner no. 2, stated to be the mother-in-law of the deceased), in judicial custody since 29.06.2024 in Chakai P.S. Case No. 108 of 2024 registered under Sections 302, 12(B)/34 of the Indian Penal Code, concerning the deaths of Sunita Kumari and her three-year-old son. On perusal of the FIR, the impugned order dated 16.11.2024 and the postmortem report, the Court noted an alleged demand of Rs. 50,000/- from Sunita Kumari by her husband and his family, sharp-cut/lacerated injuries on her body and fracture of the neck bone on the child's body indicating brutal killing, and that the dead body was found in the house of the petitioner. Bail was refused to petitioner no. 1; petitioner no. 2, being an old-age lady, was directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge III at Jamui.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6599 of 2025

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Arising Out of PS. Case No.-108 Year-2024 Thana- CHAKAI District- Jamui

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======================================================

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Sewak Das S/O Late Titu Das R/O Village- Paranchi, P.S- Chakai, Distt.Jamui.

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Alti Devi W/O Sewak Das R/O Village- Paranchi, P.S- Chakai, Distt.Jamui.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶10

====================================================== Appearance : For the Petitioner/s : Mr.Soni Kumari, Adv For the Opposite Party/s : Mr.Chandra Sen Prasad Singh, APP For the Informant : Mr. Anirudh Kumar Sinha, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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3 19-04-2025

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Heard learned counsel for the petitioners and learned APP for the State.

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The petitioners are in custody in connection with Chakai P.S Case No. 108 of 2024 registered for the offences punishable under Sections 302, 12(B)/34 of the Indian Penal Code.

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As per allegation in the FIR, petitioners along with his family members has assaulted the informant’s daughter and his three year old son which resulted into death of both informant’s daughter as well the kid.

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Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. He next

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Patna High Court CR. MISC. No.6599 of 2025(3) dt.19-04-2025 2/3

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submits that petitioner no. 1 is father in law and petitioner no. 2 is mother in law of the deceased. He further submits that witnesses have supported the version of F.I.R. being hearsay witnesses which has come in para 11, 12 and 43 of the case diary. He further submits that petitioners are old persons and they have nothing to do with the daughter-in-law and the son as they used to live separately. Moreover, husband is already in custody. It is also submitted that petitioners are in judicial custody since 29.06.2024 having clean antecedents.

¶19

However, learned APP for the State oppose the prayer for regular bail of the petitioners.

¶20

On perusal of the FIR, impugned order dated 16.11.2024, Postmortem report, it appear that Sunita Kumari was being harassed by husband and his family member as they were demanding Rs. 50,000/- case from Sunita who has been killed. On the body of deceased Sunita Kumari, it was found that sharp cutting present at epiglottis regions as someone has slit her neck and multiple lacerated would upon her neck, abdomen and forehead were found and abrasion on the frontal side of neck, tooth cut mark on the left side tongue, clotted blood towards left side of cheek and fracture of neck bone were found on the body of kid, it appears that both were brutally

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Patna High Court CR. MISC. No.6599 of 2025(3) dt.19-04-2025 3/3

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killed and the dead body of the deceased was found in the house of the petitioner, So considering the nature of allegation and and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner, this Court is not inclined to grant bail to the petitioner no.1.

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So far as the petitioner no. 2 is concerned, she is old age lady, let the petitioner no. 2 be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge III at Jamui in connection with Chakai P.S Case No. 108 of 2024.

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(Ramesh Chand Malviya, J)

¶25

Sunnykr/-

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Sewak Das v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sewak Das v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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