Allowed

Baby Devi v. The State of Bihar

Patna HC23 Mar 2021/38121/2020

Case brief

AI extract

What is this about?

The High Court allowed the bail application of a petitioner accused of murdering her son-allegedly in a politically motivated case. The court noted the body was found in a public field, not her house, and granted bail on furnishing a bond with conditions against tampering with evidence.

What did the court decide?

Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of the same amount.

Baby Devi Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38121 of 2020

¶2

Arising Out of PS. Case No.-223 Year-2020 Thana- LAKHISARAI District- Lakhisarai

¶3

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

¶4

Baby Devi W/o Deepak Paswan R/o-Damodarpur Ward No.2, P.S.-Lakhisarai, District-Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Addl. Public Prosecutor ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

¶11

23-03-2021 Heard learned counsel for the parties.

¶12

The petitioner seeks bail in Lakhisarai P.S. Case No.

¶13

223 of 2020, registered for the offence under Section 302/34 of the Indian Penal Code.

¶14

As per the prosecution case, the informant has alleged that her son namely Uday Shankar @ Baua (deceased) used to oppose the illicit relation of petitioner with co-accused Rajeev Das and on 18.04.2020 in the night, while her son was sleeping, all the FIR named accused persons including this petitioner came and forcibly took her son to the house of petitioner and committed his murder by strangulation. It is further alleged that while villagers assembled there and raised alarm, the accused persons fled away after leaving the dead-body of informant’s son. It is further alleged that on information, the police went to

¶15

Patna High Court CR. MISC. No.38121 of 2020(3) dt.23-03-2021 2/3

¶16

the house of petitioner and saw blood-stain alongwith rope, by which, the son of the informant was killed.

¶17

It is submitted on behalf of petitioner that petitioner is innocent and has been falsely implicated in this case due to dirty village politics, which would be apparent from perusal of inquest report that the dead-body of deceased was found lying in the field of Middle School, Damodarpur and the rope, which was used in the murder, was also found in the field, and not from the house of petitioner. It is further submitted that during course of investigation, several witnesses, including the minor son of the petitioner, claimed to be eye-witness to the occurrence and stated that it was co-accused Rajeev Das and coaccused Bhutu Manjhi, who have committed the murder of deceased during free-fight and this petitioner had tried to save the deceased. Petitioner is having a minor son and she is in custody since 20.04.2020. Chargesheet has already been submitted.

¶18

Considering the aforesaid facts & circumstances and the fact that the dead-body and the alleged rope have been recovered from the field of school, not from the house of this petitioner, petitioner is a lady having clean antecedent and chargesheet has been submitted, the bail application of

¶19

Patna High Court CR. MISC. No.38121 of 2020(3) dt.23-03-2021 3/3

¶20

petitioner is allowed.

¶21

Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Lakhisarai in connection with Lakhisarai P.S. Case No. 223 of 2020, on the following conditions:

¶22

“(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on her absence on two consecutive dates without sufficient reason, her bail-bond shall be cancelled by the court below.

¶23

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.”

¶24

(Prabhat Kumar Singh, J.)

¶25

anay

¶26

U T

Baby Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Baby Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Umesh Kumar Vs the State of Bihar

Rajeshwar Dayal @ Rajeshwar Singh Vs The State of Bihar

Nayyar Khan Vs The State of Bihar

Nitesh Kumar Vs The State of Bihar

Ram Babu Sahani @ Rambabu Sh Vs The State of Bihar

Md. Afroz Vs the State of Bihar