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Judgment
Heard learned counsel for the parties.
The petitioner is an accused in a case registered for the offence
punishable under Section 302 IPC and subsequently added Sections 120B / 34
IPC.
Learned counsel for the petitioner submits that earlier the petitioner''s
prayer for bail was rejected by this Court vide order dated 22.11.2016 passed in
B.A. No. 9442/2016. By way of present bail application, the petitioner has
renewed her prayer for bail. The main submission of learned counsel for the
petitioner is that the petitioner is a lady. It is further submitted that there is no
eye-witness to the alleged occurrence. The informant Kavilashi Devi, wife of the
deceased, has already been examined in the trial, who has not made any
material statement against the petitioner. In view of the said facts, the petitioner
who is in judicial custody since 29.04.2016, may be given the privilege of regular
bail.
Learned A.P.P while opposing the petitioner''s prayer for bail, submits that
earlier the petitioner''s prayer for bail was rejected by this Court on merit vide
order dated 22.11.2016 passed in B.A. No. 9442/2016 primarily on consideration
of the circumstantial evidence collected by the police. No fresh ground has been
made out by the petitioner for reconsideration of her prayer for bail.
Considering the facts and circumstances of the case, I am not inclined to
grant bail to the petitioner in connection with S.T. No. 113/2016, arising out of
Patratu (Bhurkunda) P.S. Case No. 119/2016 (G.R. No. 492/2016).
The payer for bail of the above named petitioner is, accordingly, rejected.