Kushmi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19868 of 2020 Arising Out of PS. Case No.-79 Year-2019 Thana- BAGENGOLA District- Buxar ======================================================

1. Kusum Devi, wife of Shiv Dular Yadav

2. Soni Kumari, daughter of Sheo Dular Yadav

3. Pinki Devi, wife of Teju Yadav All are resident of Village-Baradhi Tola Chapra, P.S. Bagen Gola, District Buxar

4. Etwaro Devi @ Atwaro Devi, wife of Baleshwar Yadav, resident of Dhenuadih, P.S. Nawanagar, District Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Singh For the Opposite Party/s :

Mr. A. L. Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-09-2020 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor representing the State, through Video Conferencing.

The petitioners seek regular bail in connection with Bagen Gola Police Station Case No. 79 of 2019, registered for the offence punishable under Sections 147/148/341/342/323/ 302/201 of the Indian Penal Code.

The allegation against the petitioners is that the petitioners, along with other accused persons, killed the son of the informant by means of lathi, danda and other weapons in their house.

Patna High Court CR. MISC. No.19868 of 2020(4) dt.08-09-2020 2/3 Learned Counsel for the petitioners submits that the petitioners have falsely been implicated in this case inasmuch as there was love affairs between the deceased and the petitioner no. 2 and all the petitioners are lady members of the family and the entire family members have been made accused, including the petitioners. He further submits that the petitioners have been implicated in this case on the basis of their confessional statements. He also submits that no cogent evidence has been found against the petitioners in support of the allegations levelled in the First Information Report and there is no eyewitness to the alleged occurrence. On the other hand, learned Additional Public Prosecutor vehemently opposes the prayer for bail and submits that on the basis of confessional statements, the police recovered blood-stained clothes and other materials used in the commission of the crime from the house of the petitioners and, as such, the confessional statements made by the petitioners led to recovery.

After having heard learned Counsel for the parties and taking into consideration the materials on record, I am not inclined to grant regular bail to the petitioners. This application is dismissed.

Patna High Court CR. MISC. No.19868 of 2020(4) dt.08-09-2020 3/3 However, the petitioners may renew their prayer for bail after one year from today, if the trial does not show any progress.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √