IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1815 of 2025 Arising Out of PS. Case No.-437 Year-2024 Thana- PALIGANJ District- Patna ====================================================== Urmila Devi Wife of Late Mithlesh Mochi Resident of Village- Sikandarpur, P.S. Paliganj, District- Patna, ... ... Appellant/s Versus 1. The State of Bihar 2. Lalendra Ram son of Late Ram Laddu Ram Resident of Village- Sikandarpur, P.S. Paliganj, District- Patna, ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ashok Kumar Sinha, Adv. For the Respondent/s : Mr. Binay Krishna, Spl.P.P. For the Informant/s : Mr. Pradhan Murli Manohar Pd., Adv. Mr. Abash, Adv. Mr. Raju Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 3 24-07-2025 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State. 2. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the SC/ST Act) against the refusal of prayer of bail vide order dated 24.01.2025 passed by the learned Exclusive Special Judge, SC/ST (PoA) Act, Patna in connection with Serial Case No. 543 of 2024 arising out of Paliganj P.S. Case No. 437/2024 dated 30.10.2024 registered for the offence/s punishable u/s 103 read with Section 3(5) of B.N.S. and Section 3(2)(v) of SC/ST Act. Patna High Court CR. APP (SJ) No.1815 of 2025(3) dt.24-07-2025 2/3 3. As per the prosecution case, on 29.10.2024 at about 06:00 A.M., the informant heard his cousin’s wife crying loudly in her house, then the informant went to his cousin’s house and saw that his cousin was lying dead on his bed, when the informant asked the appellant then she narrated that one boy namely Imam- ul-haque used to visit her house and developed love affair with her, the appellant (the wife of the deceased) along with the co- accused, Imam-ul-haque committed murder of the informant’s cousin brother by pressing his neck. 4. Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case due to ulterior motive. It is further submitted that the appellant is the wife of the deceased. It is further submitted that no member of public was present at the relevant point of time of the incident and hence, no offence under the provisions of SC/ST Act is made out against the appellant. The appellant has no concern with the alleged offence. The appellant has no criminal antecedent as stated at para 3 of the bail petition. The appellant, who is a lady, is in custody since 30.10.2024. 5. Learned Spl.P.P. for the State has vehemently opposed the prayer of bail and submitted that there is direct and specific allegation of committing murder by strangulating the neck of the informant’s cousin brother is against the appellant and the Patna High Court CR. APP (SJ) No.1815 of 2025(3) dt.24-07-2025 3/3 co-accused Imam-ul-haque. It is further submitted that as per para- 15 of the case diary, the appellant in her confessional statement also confessed her guilt and as per para-43 of the case diary, the tower location of the co-accused Imam-ul-haque was found at the place of occurrence. It is further submitted that as per the post- mortem report annexed with case diary shows that the cause of death is due to asphyxia as a result of manual strangulation however viscera have been preserved to rule out ingestion of any toxic substance. 6. Considering the aforesaid facts and circumstances of the case as well as the specific and heinous nature of allegation against the appellant, I am not inclined to set aside the impugned order dated 24.01.2025 passed by the learned Exclusive Special Judge, SC/ST (PoA) Act, Patna in connection with Serial Case No. 543 of 2024 arising out of Paliganj P.S. Case No. 437/2024 and accordingly, the prayer for bail of the appellant is rejected. 7. Learned court below is directed to conclude the trial of the appellant at the earliest. shivam/- (Chandra Prakash Singh, J) U T