Suma Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.165 of 2020 Arising Out of PS. Case No.-134 Year-2019 Thana- JHAJHA RAIL P.S. District- Lakhisarai ====================================================== 1.

SUMA DEVI, aged about 70 years, Female, Wife of Late Munna Rawat, Resident of Village- Phulwariya, P.S.- Malaypur, District- Jamui 2.

Khushboo Devi, aged about 28 years, Female, wife of Sanjay Mandal, Resident of Village- Phulwariya, P.S.- Malaypur, District- Jamui ... Petitioners

Versus

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

For the Petitioners :

Mr. Niranjan Parihar, Adv.

For the Opposite Party :

Mr. Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-01-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek bail in connection with GRP/Jhajha P.S. Case No. 134 of 2019, registered under Sections 302, 201 and 120B/34 of the Indian Penal Code. The accusation is that Kajal Kumari, daughter of the informant, Geeta Devi, moved from house saying that she has been called by Kundan Kumar at Jamui and after taking the fruit of puja she will return, but, till the evening she did not return at house. When informant called on mobile of her daughter, it was found switched off. Thereafter, she also called on the mobile of Kundan Kumar, it was also found switched off. The informant and her husband proceeded for village Phulwaria for the house

Patna High Court CR. MISC. No.165 of 2020(2) dt.20-01-2020 2/3 of Kundan Kumar and in the way the informant talked to Suma Devi, mother of Kundan Kumar, and narrated the incident, then, she replied that Kajal Kumari had not come at her house. Kundan Kumar is Group 'D' employ of Railway Department. Kundan Kumar is the brother-in-law of Puja Kumari, the elder daughter of Suma Devi. At the time of occurrence, Puja Kumari, due to pregnancy, was at her house. When informant reached at the house of her samdhan, Suma Devi (petitioner no. 1), then, she met to Khushboo Devi (petitioner no. 2), daughter of Suma Devi, who replied that Suma Devi is in field and also replied that Kundan Kumar had left house at 11.00 A.M and his mobile is switched off.

On query about Suma Devi, she replied that she had gone to Jamui, while she was present in the field. Thereafter, the informant with her husband returned to their house. Later on, in course of search, the dead body of Kajal Kumari was found near the platform of Jamui Railway Station.

Patna High Court CR. MISC. No.165 of 2020(2) dt.20-01-2020 3/3 informant was performed with Kundan Kumar. Informant raised suspicion of having hand of murder of her daughter, Kajal Kumari, by Kundan Kumar, his mother, Suma Devi (petitioner no. 1) and other family members.

Submission is that admittedly petitioner no. 1 is the samdhan of the informant and petitioner no. 2 is the daughter of petitioner no. 1 and mere on suspicion, both the petitioners, who are lady, have falsely been implicated in this case. Both the petitioners are in custody since 11.09.2019.

Having regard to the facts and circumstances of the case, let the petitioners, above named be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with GRP/Jhajha P.S. Case No. 134 of 2019 to the satisfaction of the Railway Juicial Magistrate, Kiul.

(Rajendra Kumar Mishra, J) Shamshad/- U T