Savitri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7435 of 2025 Arising Out of PS. Case No.-290 Year-2024 Thana- JHAJHA District- Jamui ====================================================== Savitri Devi Wife of Late Lochan Yadav Resident of Village - Sohjana, P.S.- Jhajha, District - Jamui.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Jhajha P.S. Case No. 290 of 2024 registered for the alleged offences under Sections 103(1), 238/3(5) of Bharatiya Nyaya Sanhita, 2023.

03. As per prosecution case, petitioner killed her son Mithun Yadav with the help of her another son, Indradeo Yadav.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. There is no eye witness to the alleged occurrence and there is no involvement of this petitioner who is a lady. The prosecution story is not believable that the petitioner killed her own son. Except for the confessional statement of the petitioner

Patna High Court CR. MISC. No.7435 of 2025(3) dt.15-05-2025 2/3 and the co-accused, there is no material to support the prosecution case against the petitioner. Learned counsel further submits that the deceased was a drug addict and used to leave his house for day and might have been killed by any person. Learned counsel further submits that though recovery of a knife has been shown at the instance of the petitioner and the coaccused, but there is no material to show that knife has been used in the crime. Further, there is confusion about the place where recovery has been made. The petitioner is aged about 60 years and she is in custody since 19.07.2024. Charge-sheet has been submitted. The petitioner is having clean antecedent.

05. Learned APP for the State opposes the submission made on behalf of the petitioner. Learned APP submits that the police recovered the knife by which neck of deceased was slit at the instance of this petitioner as well as the co-accused.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioner is a lady and further considering the period of custody of the petitioner and her clean antecedent along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.7435 of 2025(3) dt.15-05-2025 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Jhajha P.S. Case No. 290 of 2024, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T