Kajal Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49568 of 2026 Arising Out of PS. Case No.-44 Year-2026 Thana- MUNGER MUFFASIL District- Munger ====================================================== Kajal Kumari D/o Upendra Singh Resident of Village- Bahadur Nagar, Shivram Choudhry tola- Kutulpur, P.S.- Muffasil, District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Murad Ashraf, Advocate For the Opposite Party/s :

Mrs. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mufassil P.S. Case No. 44 of 2026, instituted for the offences punishable under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that the petitioner allegedly lured the informant's daughter to her house, subjected her to sexual abuse and upon her refusal to engage in a homosexual act, committed murder of her by hanging.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.49568 of 2026(2) dt.22-07-2026 2/2 the conscious possession of the petitioner. Learned counsel for the petitioner also submits that there is no any eye witness of the alleged occurrence. It is further submitted that the petitioner has not done any such offence as alleged against her. The petitioner is in custody since 26.01.2026 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner and submits that there is specific allegation levelled against the petitioner of committing murder of the deceased. It is further submitted that as per post-mortem report, cause of death of the deceased has been opined due to asphyxia caused by strangulation. Hence, the petitioner does not deserve the privilege of bail.

6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

7. The prayer is rejected. The trial Court is directed to expedite the Trial.

(Rudra Prakash Mishra, J) Rajorshi/- U T