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2026 DAILYLAW 29649 (PAT)

Kajal Devi @ Kajal Kumari v. The State of Bihar

CR. MISC./21522/2026 · 2026-08-17

Partha Sarthy

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21522 of 2026 Arising Out of PS. Case No.-47 Year-2025 Thana- Bhatni District- Madhepura ====================================================== 1. Kajal Devi @ Kajal Kumari W/O Vijay Kumar R/O Village- Barahkurwa, Ward No. 15, P.S.- Bhatni, Distt.- Madhepura. 2. Kari Yadav S/O Late Bhuneshwar Yadav R/O Village- Barahkurwa, Ward No. 15, P.S.- Bhatni, Distt.- Madhepura. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N.K Agrawal, Sr. Advocate Mr. Uday Chand Prasad, Advocate Mr. Manoj Kumar, Advocate Ms. Pooja Prasad, Advocate Mr. Rishi Sinha, Advocate For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 6 17-08-2026 1. Heard learned counsel for the parties. 2. The petitioners have preferred this application for grant of regular bail in connection with Bhatni P.S. Case no.47 of 2025 registered under sections 103, 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 3. As per the prosecution case, the informant states that the four named accused persons including the two petitioners herein slit the throat of his son and killed him. They admitted to dispose of his body but the neighbours having woken upon, they abandoned the dead body and escaped. It is further stated that the deceased had given a sum of Rs. 2 lacs to Patna High Court CR. MISC. No.21522 of 2026(6) dt.17-08-2026 2/3 Vijay Kumar who happens to be the son of petitioner no.2 and husband of petitioner no.1. 4. Learned Senior counsel appearing for the petitioners submits that the petitioners have been falsely implicated in the case. There are no eye witness to the occurrence. The allegations are general and omnibus in nature. The petitioners are in custody since 6.9.2025 and have no criminal antecedent. Charge has been framed in the learned trial Court and the petitioners undertake to cooperate in the trial. 5. The application for bail is opposed by learned A.P.P for the State. 6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR together with the material that has transpired in course of investigation, the Court is not inclined to enlarge the petitioner no.2 Kari Yadav on bail and the application is rejected. 7. In the facts and circumstances of the case, the petitioner no.1 Kajal Devi @ Kajal Kumari, being a lady who has remained in custody since 6.9.2025, is directed to be enlarged on bail in connection with Bhatni P.S. Case no.47 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the Patna High Court CR. MISC. No.21522 of 2026(6) dt.17-08-2026 3/3 satisfaction of the learned Additional Chief Judicial Magistrate- III, Madhepura on the following conditions : (I) The petitioner no.1 shall remain physically present in the learned trial Court on each date of the trial and shall cooperate in the trial. (II) In case the petitioner no.1 remains absent on any single date for reasons not to the satisfaction of the learned trial Court or the learned trial Court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioner, the learned trial Court may cancel bail bond of the petitioner no.1 and take her into custody till conclusion of the trial. Shiv/- (Partha Sarthy, J) U T