Patna High Court
Dusiya Devi @ Dhusiya Kumari @ Ghusiya KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ARUN KUMAR JHA
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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