Kabbu Devi @ Tabbu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27715 of 2025 Arising Out of PS. Case No.-168 Year-2024 Thana- MATIHANI District- Begusarai ====================================================== Kabbu Devi @ Tabbu Devi W/O Shankar Mistri @ Shiv Shankar Mahto R/O Village- Sitarampur Rachiyahi, Ward No. 10, P.S- Matihani, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey For the Opposite Party/s :

Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-08-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 103(1) and 238A of the BNS.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and the informant alleges that an unidentified body of a woman with stomach slit was found in a pond.

4. Learned counsel for the petitioner submits that the FIR was against unknown and during the course of investigation, the name of the petitioner transpired. It is further submitted that during the course of investigation, it transpired that the deceased was having illicit relation with the husband of the petitioner for which a Panchayati was held and 10 dhurs

Patna High Court CR. MISC. No.27715 of 2025(4) dt.13-08-2025 2/3 land was given to the deceased. It is next submitted that petitioner used to abuse the deceased. It is also submitted that the husband of the deceased also raised suspicion against the accused persons including the petitioner in the murder of his wife.

5. Learned counsel appearing on behalf of the petitioner submits that it absolutely does not stand to reason as to why the husband of the deceased did not institute an FIR when she was missing from the house which also casts an aspersion on the conduct of the husband of the deceased. It is further submitted that the entire allegation hinges on suspicion as there is no eyewitness to the occurrence. It is next submitted that petitioner will not abscond rather will cooperate in the investigation to prove her innocence.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.27715 of 2025(4) dt.13-08-2025 3/3 each to the satisfaction of the learned trial court where the case is pending/Successor Court in connection with Matihani P.S. Case No. 168 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Satyavrat Verma, J) Kundan/- U T