Kulmuni Devi @ Phulmuni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46927 of 2025 Arising Out of PS. Case No.-354 Year-2023 Thana- RAJAOLI District- Nawada ====================================================== Kulmuni Devi @ Phulmuni Devi wife of Basant Rajbanshi Resident of Village -Chatkari PS -Rajauli District -Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Seema Ghazala, Adv.

For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sessions Trial No. 140 of 2024, arising out of Rajauli P.S. Case No. 354 of 2023 instituted for the offences under Sections 364, 365, 302, 20, 149 & 120B of the Indian Penal Code.

3. As per prosecution case, the petitioner is the accused of hatching conspiracy of getting her husband abducted and murdered to conceal her illicit relation by eliminating her husband.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.

Patna High Court CR. MISC. No.46927 of 2025(3) dt.03-09-2025 2/3 The petitioner happens to be informant of this case and has been made accused in this case on the basis of confessional statement of the co-accused as well as her exculpatory statement before the police which has no evidentiary value in the eye of law. He further submits that except confessional statement of the coaccused, there is noting adverse against the petitioner. The petitioner has no criminal antecedent and is languishing in judicial custody since 28.06.2023 without any rhymes or reason. Learned counsel for the petitioner again submits that the coaccused namely Raju Bhulla has been granted bail by this Court vide order dated 10.05.2024 passed in Cr. Misc. No. 79305 of 2023.

5. Learned counsel for the petitioner further submits that the charge has been framed on 27.05.2024 against the petitioner and out of five charge-sheet witnesses, only three witnesses have been examined by the prosecution and the trial is not likely to be concluded in near future.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Having heard learned counsel for the parties and in the facts and circumstances of the case and keeping in view the nature of allegation, gravity of the offence, materials available

Patna High Court CR. MISC. No.46927 of 2025(3) dt.03-09-2025 3/3 in the case diary as also taking into account that the trial is going on, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, the prayer for bail of the petitioner, above named, is rejected with a direction to the court below to expedite the trial and conclude the same expeditiously. (Rudra Prakash Mishra, J) rishi/- U T