PARMITA DEVI Vs. STATE OF HIMACHAL PRADESH
LAWS(HPH)-2020-10-88
HIGH COURT OF HIMACHAL PRADESH
Decided on October 26,2020

Parmita Devi Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents




JUDGEMENT

Sandeep Sharma,J. - (1.)Through Video Conferencing Bail petitioner namely Parmita Devi, who is behind the bars for more than two years, has approached this Court in the instant proceedings filed under Section 439 Cr.PC, for grant of regular bail in FIR No. 73/2018 dated 10.7.2018 under Section 302 of IPC, registered at Police Station Sadar, Nahan, District Sirmour, Himachal Pradesh.
(2.)Sequel to order dated 28.09.2020, respondent-State has filed Status report, perusal whereof reveals that on 10.07.2018, complainant Dhanveer Singh, who happened to be son of deceased Kishan Singh and husband of present bail petitioner, got his statement recorded under Section 154 of Cr.P.C., alleging therein that on 9.7.2018, he had gone to Panethi to collect his pay. He alleged that while he was waiting to get his pay, one Renubala, wife of Prakash informed her that his wife i.e. present bail petitioner has created a scene at his house in his village. He alleged that at about 9 P.M., when he reached his home and asked his wife whether father has taken his meal or not, she started throwing stones at him. He alleged that since his father did not respond to his call, he called his cousin brother Rajinder, but since there was darkness in the room, nothing could be verified as room was locked from inside. He further alleged that next morning when his father did not open his room, he saw from the window and found that his father was lying in the pool of blood on his bed. Complainant alleged that his wife oftenly used to quarrel with his old aged father, who was unable to walk without the aid of stick on account of pain in his groins. Complainant alleged that his wife i.e. bail petitioner has killed his father and as such, appropriate action in accordance with law be taken against her.
(3.)In the aforesaid background, case under Section 302 of IPC, came to be registered against the bail petitioner on 10.7.2018 and since then, she is behind the bars. Though, challan in the present case stands filed in the competent court of law, but till date, evidence has not commenced and as such, petitioner has approached this court in the instant proceedings, praying therein for grant of regular bail. Prior to filing of the petition at hand, petitioner had approached this Court earlier also by way of filing Cr.MPM No. 175 of 2019, but same was dismissed as withdrawn on 20.11.2019. Since no substantial progress has been made in the sessions trial, petitioner, has approached this Court in the instant proceedings, praying therein for grant of regular bail.
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