Shivani Devi @ Shubham Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78347 of 2024 Arising Out of PS. Case No.-265 Year-2024 Thana- MUNGER MUFFASIL District- Munger ====================================================== Shivani Devi @ Shubham Devi Wife of Ramprwesh Yadav Resident of Village- Nandlalpur, P.S- Mufasil, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Kamal Nayan, Advocate For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-03-2025 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Muffasil PS case no. 265 of 2024, disclosing offences punishable under Sections 103, 238, 61(2), 3(5) of the B.N.S. Act.

3.

The prosecution story, as per the First Information Report, is that on 16.07.2024 at about 8.30 pm, the son of the informant went out from his house saying that he would be going to the house of the petitioner for the birthday party but the informant's son did not return till late night. It has been alleged that the informant's son was having love affairs with the petitioner. When the informant and his family members started searching, they came to know that accused persons including the

Patna High Court CR. MISC. No.78347 of 2024(3) dt.20-03-2025 2/3 petitioner killed the son of the informant and have thrown his body at NH-333(B). The informant came to know through social media that one unidentified body was kept in the postmortem room and when informant and others reached there, they found the dead body of the deceased.

4.

Learned Counsel for the petitioner submits that petitioner has falsely been implicated in this case on the ground that the deceased was having love affairs with the petitioner. Learned counsel further submits that the petitioner is a married lady having three children and she has falsely been implicated in this case on mere suspicion. He also submits that the F.I.R. has been lodged after postmortem was done and the dead body of the informant's son was cremated.

5.

Learned APP for the State opposed the anticipatory bail application of the petitioner.

6.

I have heard learned counsel for the parties and have gone through the materials on record including the impugned order. From the F.I.R., it appears that the deceased was having love affair with the petitioner. During course of investigation, co-accused Dasrath Yadav in his confessional statement has clearly stated the involvement of the petitioner in this case. The postmortem report shows that the cause of death

Patna High Court CR. MISC. No.78347 of 2024(3) dt.20-03-2025 3/3 was due to hemorrhage and shock and injury to vital organ i.e. brain, by hard and blunt substance. The investigation of the case is still pending. The confessional statement of co-accused may be made the basis of further investigation against the petitioner, for which custodial interrogation may be necessary. The allegation is grave and serious in nature. 7.

Accordingly, I am not inclined to grant anticipatory bail to the petitioner, hence the same is rejected. (Anil Kumar Sinha, J) rinkee/- U T