IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.606 of 2009 KHUSHBU DEVI Versus STATE OF BIHAR ----------- Cr.Misc. No.2952 of 2009 MUKESH KUMAR Versus STATE OF BIHAR ----------- For the petitioner : M/s Devendra Kr. Sinha, Sr. Advocate Abhinay Raj, Advocate For the State : Mr. Jharkhandi Upadhaya, A.P.P. ______ 4 13 .04.2009 Both these cases have been taken up together as they arise out of the same Bhabhua P.S. Case No. 228 of 2006 arising out of Complaint Case No. 361 of 2006 and having been heard together is being disposed of by this common order. Petitioner Khushbu Devi is alleged to be the second wife of deceased Rama Shankar Dubey and petitioner Mukesh Kumar was the tutor of the children of the deceased begotten from Khushbu Devi and both the petitioners are facing charges for commission of offences under sections 364, 302, 201, 120B/34 IPC. The allegation is that the deceased initially resided at Patna where he was employed in the police service and having superannuated settled down at Mugalsarai and after the death of his wife he became a womanizer and developed illicit relationship with petitioner Khusbu Devi and at the same time also became close to his children and started visiting the house of his son, Kameshwar Dwivedi, the husband of the complainant Saroj Devi, 2 regularly and developed good relationship and also took a liking for their son. It is said that in order to give good education to his grand son he wanted to take him to Patna and while doing so he was allegedly kidnapped by the accused persons including the two petitioners and eventually done to death and the body was surreptitiously disposed of. The fact of the murder of the deceased became known to the informant from the narration of her son Amit Kumar whom the deceased was taking to Patna. The statement of Amit Kumar given to the police in course of investigation is available at paragraph 88 of the case diary and appears to support the prosecution case. Taking into account the statement of Amit Kumar, the grandchild of the deceased whom the deceased was taking to Patna along with the other materials which have cropped up against the two petitioners in course of investigation including the two petitioners having developed illicit relationship amongst themselves and conspiring to do away with the deceased with a covetous eye for his property I am not inclined to grant bail to any of the petitioners. Their prayer for bail is accordingly rejected. The petitioners shall be at liberty to move for bail after one year. Spd/- (Abhijit Sinha, J.)