Kavita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79191 of 2025 Arising Out of PS. Case No.-629 Year-2025 Thana- AMARPUR District- Banka ====================================================== Kavita Devi Wife of Birendra Yadav Resident Of Village - Dodhari, P.S. - Fullidumar, Dist. - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash Dwivedi, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 19-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 103(1), 238, 3(5) of the B.N.S.

3. As per the prosecution case, the petitioner along with other co-accused is said to have killed the husband of the informant.

4. The learned counsel for the petitioner submits that the F.I.R. has been lodged on the basis of suspicion as the informant suspected that her husband was having illicit relationship with the petitioner. However, neither the informant nor any person has claimed to be eye-witness to the incident and the only material against the petitioner is that her

Patna High Court CR. MISC. No.79191 of 2025(4) dt.19-02-2026 2/2 confession has led to recovery of the murder weapon which is an axe and when the blood-stained axe was sent for FSL examination, the report stated to be human blood, but it is not conclusive proof of the fact that the blood was that of the deceased. Further the petitioner is in custody since 10.09.2025 with no criminal antecedent and charge-sheet has been submitted.

5. Learned APP for the State opposed the grant of bail on the ground that the allegations against the petitioner are supported by the materials collected during the course of investigation.

6. Taking into consideration the facts and circumstances and also considering the fact that the confessional statement of the petitioner has led to the recovery of the murder weapon and human blood has been found on the said weapon, this Court is not inclined to grant the privilege of bail to the petitioner. Accordingly, the prayer for bail of the petitioner is hereby rejected in connection with Amarpur (Fulidumar) P.S. Case No.629 of 2025.

(Soni Shrivastava, J) anand/- U T