Allowed

Ukha Devi @ Ukha Kumari @ Priyanka Kumari v. The State of Bihar

Patna HC19 Jun 2020CR. MISC./20076/2020

Case brief

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What is this about?

In a criminal miscellaneous matter concerning a murder case, the High Court granted bail to a pregnant petitioner accused of conspiracy in killing the informant's brother. Contributing factors included the advanced stage of her pregnancy, lack of substantial corroborative evidence beyond confessional statements, and the extraordinary situation arising from COVID-19 necessitating jail decongestion.

What did the court decide?

Directed the petitioner to be released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount to the Railway Judicial Magistrate, Patna.

Ukha Devi @ Ukha Kumari @ Priyanka Kumari Vs The… — Murder and Culpable Homicide | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20076 of 2020

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Arising Out of PS. Case No.-1 Year-2020 Thana- PATNA GRP CASE District- Patna

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======================================================

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Ukha Devi @ Ukha Kumari @ Priyanka Kumari Wife of Binod Rai Resident of Village - Jethali, P.S.- Nadi, District - Patna.

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... ... Petitioner

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Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Shyam Kuamr For the Opposite Party/s : Mr.A.G ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH

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ORAL ORDER

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2 19-06-2020

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Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner seeks bail in connection with Patna Junction Rail P.S. Case No. 1 of 2020 registered under Sections 302 and 201/34 of the Indian Penal Code.

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Learned counsel for the petitioner submitted that the name of the petitioner has been mentioned in the FIR as an accused merely on suspicion. There is no admissible evidence against her. Even during investigation, the only material which the police could collect against the petitioner is her confessional statement and the confessional statement of co-accused before the police. Save and except the confession, there is nothing to suggest that the petitioner being a lady whose pregnancy is at an advanced stage had participated in any manner in the commission of killing of the informant’s brother.

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Patna High Court CR. MISC. No.20076 of 2020(2) dt.19-06-2020 2/2

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Learned counsel for the State has opposed the prayer for grant of bail to the petitioner. He submitted that the petitioner conspired together with others and eliminated the brother of the informant and she also tried to conceal the evidence. He contended that from the order impugned it would be evident that the petitioner has confessed her guilt before the police and apart from her confessional statement, confessional statement of the coaccused has been recorded by the police during investigation which clearly involves the petitioner as one of the conspirators in commission of the crime.

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Regard being had to the facts and circumstances of the case, the submissions advanced on behalf of the parties, materials available on record, as also that the petitioner is a pregnant lady and the necessity of decongestion in jail due to extra-ordinary situation arising out of COVID-19, she is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Patna in connection with Patna Junction Rail P.S. Case No. 1 of 2020.

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(Ashwani Kumar Singh, J)

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Pradeep/- U T

Ukha Devi @ Ukha Kumari @ Priyanka Kumari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ukha Devi @ Ukha Kumari @ Priyanka Kumari v. The State of Bihar

Case brief

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