Kavita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32677 of 2023 Arising Out of PS. Case No.-20 Year-2022 Thana- RAHIKA District- Madhubani ====================================================== KAVITA DEVI D/o Baisakhi Paswan Resident of village - Maruar, P.O. - Marar, P.S. - Rahika, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Adv.

Mr. Ravi Prakash, Adv.

Mr. Vinod Kumar, Adv.

Mr. Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Rahika P.S. Case No. 20 of 2022 dated 13.02.2022/ S.T. No. 294 of 2022 registered for the offence under Sections 364, 302, 201, 120(B) and 34 of the Indian Penal Code.

The petitioner along with others are alleged to have killed the daughter of the informant with sharp weapon. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that informant is not the eye witness to the alleged occurrence and merely on the basis of suspicion, the petitioner has been made

Patna High Court CR. MISC. No.32677 of 2023(3) dt.27-07-2023 2/2 accused in this case. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 13.02.2022.

Learned A.P.P. for the State on the basis of material available on record and the case diary vehemently opposed the prayer for bail of the petitioner and submits that the dead body of the daughter of the informant is stated to be recovered from the house of the petitioner which is sufficient to established prima facie case against the petitioner.

Considering the facts and circumstances of the case and the recovery of the dead body of the deceased from the house of the petitioner, this Court is not inclined to grant the privilege of bail to the petitioner. Accordingly, the prayer for bail of this petitioner is rejected.

(Rajesh Kumar Verma, J) brajesh/- U T