Bipiya Devi @ Bigni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.64465 of 2018 Arising Out of PS. Case No.-478 Year-2018 Thana- BARACHATTI District- Gaya ====================================================== Bipiya Devi @ Bigni Devi, Wife of Budhan Turi @ Indradeo Turi, Resident of Village- Babhanitari Kalbatu P.S.- Kunda, District- Chatra Jharkhand. ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramashish For the Opposite Party/s :
Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends her arrest in connection with Barachatti P.S. Case no. 478 of 2018, registered under Sections 302, 201, 328 & 120(B)/34 of the Indian Penal Code. The allegation of informant Mangu Turi is that in the night of 10.07.2018 his uncle Baso Turi (deceased) his wife Jamuni Devi, Bipiya Devi (Petitioner), sister of Jamuni Devi, and her aunt Kanti Devi prepared meal and after taking dinner, Baso Turi moved from the house to see off Kanti Devi and again returned to house. In course of talk, informant Mangu Turi asked to his wife Jamuni Devi whether his uncle Baso Turi has taken dinner then she replied that he has already taken dinner. Thereafter, Baso Turi went to his house. On the next
Patna High Court Cr.Misc. No.64465 of 2018(4) dt.30-01-2019 2/3 morning, when informant went at the house of his uncle then he did not find him and his aunt informed that he has gone outside, but in spite of search no trace of Baso Turi was found, then Panchayati was arranged in which his aunt Jamuni Devi admitted about committing murder of Baso Turi by administering poison and buried his dead body. She also admitted that in that night her sister Bipiya Devi (Petitioner) was also present in the house. Jamuni Devi also narrated that at about 12 O'clock, when she had gone to cut grass then Rajendra Yadav told her to bury the dead body after putting salt on it. Thereafter, she followed the advice of Rajendra Yadav. The informant has also stated that his aunt Jamuni Devi has illicit relation with Rajendra Yadav.
Learned counsel for the petitioner submits that it would appear from the F.I.R. itself that Kanti Devi, maternal aunt of co-accused Jamuni Devi left the house after taking dinner in the night and this petitioner also left the house in the next morning, which has come in paragraph No.22 of the case diary in the confessional statement of co-accused Jamuni Devi, but this petitioner being the sister of Jamuni Devi has falsely been implicated in this case. He further submits that petitioner is a lady and she has no criminal antecedent.
Patna High Court Cr.Misc. No.64465 of 2018(4) dt.30-01-2019 3/3 Learned Addl. Public Prosecutor for the State while opposing the prayer for bail of the petitioner submits that confessional statement has been detailed in paragraph No.22, but there was no whisper about having hand of this petitioner in the alleged crime.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Sherghati (Gaya) in connection with Barachatti P.S. Case No. 478 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T