Krishna Devi @ Anupam Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82440 of 2024 Arising Out of PS. Case No.-334 Year-2024 Thana- RAJAON District- Banka ====================================================== Krishna Devi @ Anupam Kumari, Wife of Mrigendra Kumar, Resident of village- Lakda, P.S.- Rajaon, Dist- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Malendu, Advocate For the Opposite Party/s :
Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 27-02-2025 Heard Mr. Kumar Malendu, learned counsel for the petitioner and Mr.Brajendra Nath Pandey, learned APP for the State.
2. The petitioner has prayed for bail in connection with Rajoun P.S. Case No. 334 of 2024 registered for the offence punishable under Sections 103(2) and 3(5) of the Bhartiya Nyaya Sanhita.
3. The case of the prosecution is that the informant called on the mobile of his wife but she did not respond. After this, he called his aunt Nitu Devi. Nitu Devi told him to make a video call. When he made a video call, he found that his wife has died and was lying on a cot. He suspects that his brother (petitioner) and his wife Krishna Devi have killed her.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.82440 of 2024(4) dt.27-02-2025 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. She has been falsely implicated in this case. During course of investigation, it has come that the informant and his wife have solemnized love marriage and that their relation was not good that is why the wife was living at village and husband was living at Gujarat. Aunt Nitu Devi has also given her statement during investigation and she has stated that when she found the deceased lying on bed, she asked the informant to make a video call and she has shown the entire instance to the informant. From perusal of the postmortem report, it transpires that the deceased had abrasion over forehead, abrasion just below the left eye and nail bite at four places.
Regarding cause of death, it is writtent that the opinion is reserved. The viscera was preserved and from F.S.L. report, it is clear that Profenophos was detected in the contents of the grey colour bottle as described above. This is an organophosphorous pesticide which is commonly used in agriculture field for killing pests and his highly poisonous. From perusal of the entire material, it is not clear as to what motive the petitioner had to kill while from perusal of statement of the witnesses, it transpires that the relation of the deceased with the informant was not good.
Patna High Court CR. MISC. No.82440 of 2024(4) dt.27-02-2025 3/3 petition that petitioner has no criminal antecedent. She is languishing in judicial custody since 25.08.2024.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Banka in connection with Rajoun P.S. Case No. 334 of 2024. (Ashok Kumar Pandey, J) lata/- U T