The Patna High Court refused anticipatory bail to Yashoda Devi, a female accused in a murder case registered under Sections 302 and 34 IPC. The court rejected the plea, noting the informant's direct allegation and an attempt to tamper with evidence.
Rejected the petition for anticipatory bail and denied enlargement.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.79157 of 2018
Arising Out of PS. Case No.-59 Year-2018 Thana- PRATAPGANJ District- Supaul
====================================================== Yashoda Devi Wife of Shyam Das Resident of village - Tekuna, P.S.Pratapganj, District- Supaul
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vijay Kumar For the Opposite Party/s : Mr.Madhuranand Jha ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 28-01-2019 Heard both sides.
The petitioner apprehends her arrest in Pratapganj P.S. Case No.59 of 2018 registered under Sections 302 and 34 of the Indian Penal Code.
The informant, wife of the deceased, alleged that she went inside the house to prepare tea and when she came out, on crying, she saw Shyam Das, Yashoda Devi, wife of Shyam Das, Jharilal, Shambhu Das and Basudeo Das assaulting her husband with fist and slabs. During the course of assault, Shyam Das strangulated her husband to death.
The learned counsel for the petitioner submits that petitioner is a lady and she is own daughter-in-law of the deceased. The informant is step mother. The informant herself filed a petition that petitioner and other accused persons are
Patna High Court Cr.Misc. No.79157 of 2018(2) dt.28-01-2019 2/2
innocent but it appears that informant who is an eye witness of the occurrence made specific allegation against the petitioner and others that they assaulted her husband and strangulated him to death. Later on, it appears that an attempt was made to tamper the evidence.
Considering the aforesaid facts, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J)
Saurabh/-
U T
3 issues framed by the court
Whether the petitioner should be granted anticipatory bail in a case alleging murder.
Whether the allegations against the petitioner are credible given the testimony of the informant.
Whether the evidence tampering attempt affects the decision on bail.
1 provisions across 1 enactments
Yashoda Devi
The State Of Bihar
Prabhatar Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
