Parwati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27882 of 2015 Arising Out of PS.Case No. -172 Year- 2014 Thana -KURTHA District- JEHANABAD ======================================================

1. Parwati Devi Wife of Kamlesh Yadav Resident of village - Pratappur, P.S. Kurtha, Distt. - Arwal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rashmi Kumari Mandilwar For the Opposite Party/s : Mr. Dr.Kr.Uday Pratap(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-10-2015 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

Petitioner seeks bail in connection with Kurtha P.S. Case No. 172 of 2014 registered for the offences punishable under Sections 302, 376, 201/34 of the Indian Penal Code. Sneha kumari aged about 13 years, grand-daughter of the informant did not return from tuition and thereafter her dead body was recovered from paddy field of Saroj Singh of village Sachai, strangulated with paddy husk rope and her books and copies were also missing and it has been alleged that Kamlesh Yadav was having love affairs with her and accordingly it was alleged that Kamlesh Yadav and his family members have committed the crime including the petitioner.

During investigation, the name of the petitioner transpires as she admitted before the witnesses that she finished Sneha Kumari and further witness Dukhan Yadav, vide para 34 of the case diary, has seen

Patna High Court Cr.Misc. No.27882 of 2015 (3) dt.15-10-2015 2/2 the petitioner taking away the deceased towards the field of Bhukhan Sharma and further the petitioner has confessed her guilt and on the basis of her disclosure, the books and copies of the deceased were recovered.

Submission if of false implication and that the petitioner has got six children and she is suffering in custody since 28.11.2014. Other co-accused have been allowed pre-arrest bail and, as such, the petitioner also deserves sympathetic consideration.

Learned A.P.P. Opposes the prayer of bail by submitting that the petitioner was last seen with the deceased when she was taking away the deceased towards the field and further she has stated about the occurrence to all her family members and further she has confessed her guilt and on her disclosure books and copies were recovered.

In the facts and circumstances stated above, considering the allegation against the petitioner is serious in nature and, as such, this Court is not inclined to enlarge the petitioner on bail and accordingly, such prayer stands rejected. (Jitendra Mohan Sharma, J) sushma/- U