Kajal Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55038 of 2025 Arising Out of PS. Case No.-75 Year-2025 Thana- KUMAR KHAND District- Madhepura ====================================================== Kajal Devi Wife Of Sukesh Kumar Village- Ranipatti, Ward No 14, P.S-. Belari, District -MADHEPURA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Y.C. Verma, Sr. Adv.
Mr. Nafisu Zzoha, Adv.
For the Informant Mr. Prasoon Kumar, Adv.
Mr. Pawan Kumar, Adv.
For the State :
Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 15-11-2025 Heard Mr. Y.C. Verma, learned senior counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 103(1), 3(5) of the B.N.S.
3. The case of the prosecution is that the son of the informant who was staying separately with his wife Kajal Devi (petitioner) and their children was being threatened by the petitioner and her brothers for sale of a piece of land. It has further been alleged that on 13.03.2025, the son of the informant was killed by some unknown miscreants and she got to know subsequently that the two unknown miscreants were one Saurabh Kumar and Sakaldeo Kumar and she has alleged the conspiracy of the petitioner and others in the said offence.
4. Learned senior counsel for the petitioner submits, at the outset, that it would be apparent from the first information
Patna High Court CR. MISC. No.55038 of 2025(4) dt.15-11-2025 2/3 report itself that the relations between the deceased and her mother were not cordial as the deceased was staying with his family separately and the factum of he being killed by two unknown miscreants who have been named as Saurabh Kumar and Sakaldeo Kumar has also been alleged and both these persons have been granted bail vide order dated 12.11.2025 passed in Cr. Misc. No. 67487 of 2025 and Cr. Misc. No. 69019 of 2025 respectively. It has further been submitted that the petitioner being the daughter-in-law of the informant and the wife of the deceased has been falsely implicated on the conspiracy angle since there was strained relationship between the informant and the petitioner. Further, there is no eye witness of the occurrence and the case rests mainly on suspicion. The petitioner being a lady is in custody since 15.03.2025 with her two minor children aged about 2 and 1 year who are bereft of the love and affection of both their parents.
5. Learned APP for the State and learned counsel for the informant have opposed the application for bail on the ground of allegations made in the FIR and also on account of the materials collected during the course of investigation in the form of paragraphs 52, 53 and 54 of the case diary which indicate that some witnesses have indicated that the presence of
Patna High Court CR. MISC. No.55038 of 2025(4) dt.15-11-2025 3/3 the petitioner along with others somewhere around the place of occurrence and learned counsel for the informant also referred to paragraphs 111 to 118 to contend that the tower location of the petitioner and others were also found near the place of occurrence.
6. Taking into consideration the rival contentions of the parties and also considering the fact that two specifically named assailants in the FIR being Saurabh Kumar and Sakaldeo Kumar have already been granted bail and this petitioner has only been implicated on the conspiracy angle on the basis of suspicion and has remained in custody since 15.03.2025 with two minor children left in the custody of others, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kumarkhand P.S. Case No. 75 of 2025, subject to the conditions that one of the bailors would be the family member or relative. (Soni Shrivastava, J) devendra/- U T