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Patna High Court

Dusiya Devi @ Dhusiya Kumari @ Ghusiya KumariversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The bail petition was dismissed as there was no new ground or material to merit reconsideration of the earlier order.

Summary

The petitioner, Dusiya Devi, filed a fresh bail application after her earlier bail plea was rejected on 03-09-2025. She argued that she had been in custody since 04-01-2025, only one prosecution witness had been examined, and there was no cogent evidence against her, emphasizing her gender as a mitigating factor. The State opposed, contending that there was no new material to warrant reconsideration. The Court examined the record, noted the earlier detailed order rejecting bail and the witness statement implicating the petitioner in assisting the co-accused in killing her mother, and found no fresh ground for granting bail. Consequently, the bail application was rejected, and the Court directed the trial court to expedite the pending trial, with a directive to transfer the case if necessary to ensure speedy conclusion.

Issues considered

  • Whether the petitioner is entitled to bail in view of the lack of new material and the evidence on record
  • Whether the passage of time and limited examination of witnesses justify granting bail

Subjects

  • bail
  • criminal procedure
  • trial delay
  • evidence
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18525 of 2026
                       Arising Out of PS. Case No.-583 Year-2024 Thana- RANIGANJ District- Araria
                 ======================================================
                 Dusiya Devi @ Dhusiya Kumari @ Ghusiya Kumari D/o Bindu Rishidev @
                 Bindi Rishidev W/o Kripali Rishidev, R/o Village - Shiv Nagar Ward No. 12,
                 Majhuwa West, P.S - Raniganj, District - Araria
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Mukesh Kumar Rana, Adv.
                 For the Opposite Party/s :        Mr.Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   10-04-2026                    The petitioner has approached this Court renewing

                   her prayer for bail as her prayer for bail was rejected earlier by

                   this Court vide order dated 03.09.2025 passed in Cr. Misc. No.

                   33678 of 2025.

                                02. Learned counsel for the petitioner submits that the

                   petitioner is in custody since 04.01.2025 and only one witness

                   has been examined and there is no likelihood of early

                   conclusion of the trial. Learned counsel further submits that the

                   petitioner is a lady and there is no cogent evidence against her.

                                03. Learned APP for the State opposes the prayer of

                   the petitioner. Learned APP submits that there is no new

                   material to consider the prayer for bail of the petitioner.

                                04. Perused the record.

                                05. From perusal of record, I find that the prayer for

                   bail of the petitioner was earlier rejected by this Court vide a

                   detailed order dated 03.09.2025 passed in Cr. Misc. No. 33678

                   of 2025. The order has also been taken note of the statement of
             Patna High Court CR. MISC. No.18525 of 2026(3) dt.10-04-2026
                                                         2/2




                       the witness about petitioner actively helping the coaccused in

                       killing her mother.

                                    06. Finding no new ground for reconsideration for

                       prayer of bail, the prayer for bail of the petitioner is rejected.

                                    07. A report has been received from learned I/C

                       Additional Session Judge, Araria wherein the learned Judge has

                       submitted that out of nine prosecution witnesses only one

                       witness has been examined in Sessions Trial No. 371 of 2025.

                       The learned presiding officer has also stated that she would

                       make efforts to conclude the case within nine months.

                                    08. Learned Principal District and Sessions Judge,

                       Araria is directed to ensure that the Sessions Trial No. 371 of

                       2025 arising out of Raniganj P.S. Case No. 583 of 2024 is

                       proceeded on urgent basis and the trial is concluded at the

                       earliest. If the I/C Court is unable to proceed with the trial for

                       any reason, the matter must be transferred to some running court

                       with instruction to proceed with the matter showing urgency so

                       as to conclude the trial at the earliest.



                                                 (Arun Kumar Jha, J)
Anuradha/-

U      T


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