Kaushalya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9008 of 2016 Arising Out of PS.Case No. -23 Year- 2015 Thana -IMAMGANJ District- GAYA ====================================================== Kaushalya Devi W/o Sri Awadhesh Mistry, Resident of Village - Shankarpur, P.S. - Imamganj, District - Gaya. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Krishna Prasad Singh For the Opposite Party/s : Mr. Ram Chandra Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 24-05-2016 Heard Mr. Krishna Prasad Singh, the counsel for the petitioner and Mr. Ram Chandra Singh, APP for the State. The petitioner herein seeks anticipatory bail in Imamganj P.S. Case No. 23 of 2015, registered under Sections 302, 201, 120(B)/341, I.P.C and 3⁄4 of Prevention of Witch Practices Act.

16 years old daughter of the deceased lodged the case that on the alleged date of occurrence, the petitioner visited the house, talked to her mother and then persuaded to her to go along with her. Few days thereafter, the dead body of her mother was found in the river. The informant has suspected the hands of the accused persons named in the First Information Report as the deceased was practicing witch craft.

Patna High Court Cr.Misc. No.9008 of 2016 (3) dt.24-05-2016 2/2 Contention of the petitioner is that it is not alleged that anybody from the family of the petitioner suspected the deceased as Dian. It is at best a case of last seen.

Learned APP opposed the prayer and submitted that petitioner appears to be the conspirator in the killing of the victim. She had taken the deceased out of home whereafter she was killed.

On going through the allegations and considering the materials on record, in my view, it is not a fit case where the petitioner should be extended the privilege of anticipatory bail. The prayer is rejected.

The court below shall consider and dispose of the same on its own merit unprejudiced by the present order. (Kishore Kumar Mandal, J) rohit/- U T