Allowed

Soni Devi v. The State Of Bihar

Patna HC8 Aug 2014CR. MISC./20142/2014

Case brief

AI extract

What is this about?

Two miscellaneous criminal cases were disposed of. The first was dismissed as withdrawn. The second, filed for bail, was allowed. The court rejected hearsay evidence regarding an illicit relationship and found no basis in the initial charge sheet (Fard-e-beyan) to implicate the petitioner despite the cause of death being ante-mortem ligature marks.

What did the court decide?

The petitioner is directed to be released on bail on furnishing a bond of Rs.10,000/ with two sureties.

Soni Devi Vs The State Of Bihar — Quashing and FIR | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13468 of 2014

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Arising Out of PS.Case No. -59 Year- 2013 Thana -PARWALPUR District- NALANDA (BIHARSHARIFF) ====================================================== Lala Prasad @ Rajesh Yadav S/O Gyanchand Yadav Resident Of VillageHarprasad, Police Station- Parwalpur, District- Nalanda .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.20142 of 2014

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Arising Out of PS.Case No. -59 Year- 2013 Thana -PARWALPUR District- NALANDA (BIHARSHARIFF)

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====================================================== 1. Soni Devi Wife of Umesh Yadav Resident of Village - Harprasad, Police Station - Parwalpur, District - Nalanda. .... .... Petitioner/s Versus 1. The State of Bihar

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.... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.13468 of 2014) For the Petitioner/s : Mr. Ajay Mukherjee, Adv. For the Opposite Party/s : Mr. Chandra Bhushan Pd, APP (In Cr.Misc. No.20142 of 2014) For the Petitioner/s : Mr. Ajay Mukherjee, Adv. For the Opposite Party/s : Mr. Braj Kishore Prasad, APP For son of deceased : Mr. Shyamal Prasad, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER

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5 08-08-2014 Cr. Misc. No. 13468 of 2014 wherein Lala Prasad @

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Rajesh Yadav happens to be petitioner and Cr. Misc. No. 20142 of 2014 wherein Soni Devi happens to be petitioner commonly originate from Parwalpur P.S. Case No. 59/2013 and on account thereof, there has been analogous hearing and are being disposed

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Patna High Court Cr.Misc. No.13468 of 2014 (5) dt.08-08-2014

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of by a common order.

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Learned counsel for the petitioner, after some arguments, seeks withdrawal of Cr.Misc.No. 20142/2014 filed on behalf of petitioner, Soni Devi, on account thereof, the same is dismissed as withdrawn.

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Heard learned counsel for the petitioner, learned counsel representing, Umesh Yadav, son of deceased as well as learned APP for the State.

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Chaukidar, Bazir Gope had given his Fard-e-beyan to the effect that on perceiving rumour in the village regarding death of Most. Yashoda Devi due to consumption of poison, he went to her place and found her dead body lying there. Thereafter, he rushed to Parwalpur Police Station to inform the incident and accordingly, got back with the police personnel whereupon dead body was not found in the house. It has further been disclosed that deceased Yashoda Devi was residing along with her daughter-inlaw, Soni Devi. Her son, Umesh Yadav had gone to Surat about 6- 7 days ago. There was always quarrel in between mother-in-law and daughter-in-law and on account thereof, deceased committed suicide by administering poison. It has further been disclosed that Soni Devi with the help of others might have concealed the dead body which was subsequently found in her house.

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Patna High Court Cr.Misc. No.13468 of 2014 (5) dt.08-08-2014

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It has been submitted on behalf of the petitioner that his name did not transpire in the Fard-e-beyan and nothing has been alleged against him.

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During course of investigation son of deceased namely, Umesh Yadav as well as one Raja Ram Yadav have brought a new theme by disclosing that there happened to be continuance of illicit relationship in between petitioner and Soni Devi and on account thereof, deceased was done to death. That happens to be mere a hearsay evidence having no substance.

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On the other hand, learned APP assisted by learned counsel representing Umesh Yadav, the son of deceased opposed the prayer for bail, resisted the claim of the petitioner and submitted that Chaukidar was not an eyewitness to occurrence. The deceased died inside the house and so, Soni Devi was accountable to explain the same. It has also been submitted that administration of poison happens to be own illusion of Chaukidar over which the whole investigation proceeded but the same is controverted from the postmortem report wherefrom, it is apparent that ante-mortem ligature mark was present around the neck of the deceased and that happens to be the cause of death. However, the doctor had not ruled out the factum of poisoning. It has further been submitted that witnesses have stated with regard to prevailing

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Patna High Court Cr.Misc. No.13468 of 2014 (5) dt.08-08-2014

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illicit relationship in between Soni Devi and petitioner. Further, deceased had also complained with regard thereto.

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After going through the relevant paragraphs more particularly, statements of Umesh Yadav under para-42, Raja Ram under para-43, Raj Kumar Kevat under para-59, Pirmani Prasad under para-60 and lastly statement of Jagdish Prasad under para61, it is found that they all have simply stood on hearsay evidence. The informant, Chaukidar happens to be co-villager who had not disclosed such kind of rumour prevailing in the village and on account thereof, petitioner- Lala Prasad @ Rajesh Yadav is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Hilsa (Nalanda) in connection with Parwalpur P.S. Case No.59/2013.

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(Aditya Kumar Trivedi, J)

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perwez

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U T

Soni Devi v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Soni Devi v. The State Of Bihar

Case brief

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