Yashoda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34049 of 2025 Arising Out of PS. Case No.-230 Year-2024 Thana- MINAPUR District- Muzaffarpur ====================================================== Yashoda Devi W/o Late Bharat Mahto R/o Village- Talipur, P.S.- Minapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mazharul Hassan, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-07-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Minapur P.S. Case No. 230 of 2024 instituted for the offence under Sections 103(1), 303(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution case in short is that son of the informant was married to one Savita Devi, who was later suspected of having an affair with one Bhola Mahato. Despite warning, Bhola Mahato continued visiting their house and even issued death threats. On 19-07-2024, Savita Devi was found murdered.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.34049 of 2025(3) dt.14-07-2025 2/3 that the petitioner is in custody since 29-07-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has surfaced in this case during investigation. There is no specific allegation against the petitioner. Learned counsel for the petitioner submits that petitioner is mother-in-law of deceased and she herself filed the instant case regarding murder of her daughter-in-law, but later on she was implicated as an accused. Charge sheet is submitted in this case. Petitioner is a lady. Other co-accused has been granted bail by this Court vide order dated 18-03-2025, passed in Cr. Misc. No. 86786 of 2024. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Referring to paragraph No. 53 of the case diary, it is submitted that cause of death is due to hemorrhage shock injury which is caused by sharp edged weapon. It is submitted that petitioner allegedly removed the jewellery from the body of the deceased for selling it and the same is recovered on being produced before the police by her own elder sister with whom her son had mortgaged it a

Patna High Court CR. MISC. No.34049 of 2025(3) dt.14-07-2025 3/3 few days after the occurrence.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, petitioner being a lady and there being no direct allegation against the petitioner even in the case diary, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Minapur P.S. Case No. 230 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T