Geeta Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48431 of 2025 Arising Out of PS. Case No.-125 Year-2023 Thana- SALIMPUR District- Patna ====================================================== 1.
Geeta Devi W/O Lalbabu Rai Resident of Village- Raghopur East, Police Station- Jurawanpur, District- Vaishali, at present Village- Hardasbigha, Police Station- Khusrupur, District- Patna.
2.
Shushil Kumar S/O Lalbabu Rai Resident of Village- Raghopur East, Police Station- Jurawanpur, District- Vaishali, at present Village- Hardasbigha, Police Station- Khusrupur, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ambuj Nayan Choubey, Advocate Mr.Sanjay Kumar Singh, Advocate Mr. Shashank Shekher Choubey, Advocate For the Opposite Party/s :
Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-08-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 302 and 201 of the Indian Penal Code.
3. The case of the prosecution in short is that two dead bodies were recovered in two sacks at Telmar Road behind the bridge from the bushes. The informant of this case is 'chowkidar'. The dead bodies were of one boy and a girl.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in
2/4 connection with the present case. It is further submitted that firstly, the present case has been lodged against unknown miscreants and later on their names have been transpired on the basis of the confessional statement of petitioner no.1, Geeta Devi recorded in Deshri P.S. Case NO. 220 of 2023 in which petitioners were also made accused. It has also been submitted that father of the deceased has also given a written application and in that application, he has stated that on 30.05.2023 at 9:30 A.M., the deceased had called his father that he is going to appear in the examination and after that he did not return. Admittedly, the dead body was recovered on 31.05.2023. Prosecution has relied on the confessional statement of the said Geeta Devi (petitioner no. 1).
According to which, Suchita Kumari and Prabhat Kumar @ Nikhil were killed on 29.05.2023. From perusal of the order of the trial Court, it also transpires that the father of the deceased has given his statement before the police after identifying his son that Shashi Kumar, Vishu Devi and Alok Kumar have called him for solemnizing his marriage with the daughter of Lalu Babu Rai, when deceased denied, he was being killed.
3/4 and on the fateful day, they were found being compromising position and thereafter, they were killed. Learned counsel for the petitioner has submitted that as per the confessional statement the date of death is 29.05.2023 and as per the information given by the father of the deceased is that the deceased had called him on 30.05.2023 at 9:30 A.M. so the story which has been propounded in the confessional statement gets falsified by the statement of the father of the deceased before the police and his application. It has also been submitted that co-accused person has been granted bail by this Court in Desari P.S. Case No. 220 of 2023 vide order dated 04.04.2025. The case of the petitioner stands on similar footing. Moreover, the petitioner is languishing in judicial custody since 19.02.2025.
5. Learned APP appearing for the State and learned counsel for the Informant have opposed the prayer of regular bail and they have not been able to show anything save and except the confessional statement of the co-accused persons. Story has been propounded in the confessional statement gets falsified from the statement of the father of the deceased.
6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on
4/4 bail in connection with Salimpur P.S. Case No. 125 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-1st, Barh, Patna.
(Ashok Kumar Pandey, J) Jagdish/- U T