Babita Devi @ Basmati Devi vs The State Of Bihar on 18 June, 2020
5. Learned counsel for the petitioner submitted that the
allegation is false and has been levelled by the son-in-law i.e., the
husband of the daughter, with ulterior motive. It was submitted
Patna High Court CR. MISC. No.8459 of 2020 dt.18-06-2020
2/3
that it cannot be believed that a mother would poison her own
daughter and her two minor sons. Learned counsel submitted that
except for the suspicion raised in the FIR by the informant, no
evidence has come during investigation, except for statement of
some persons, who have repeated the story as made out in the FIR
but without any evidence and only suspicion has been cast. It was
further submitted that though the viscera report indicates that there
may have been poisoning, but there is nothing to show that the
poison was administered by the petitioner and her husband.
Learned counsel submitted that the bodies were recovered from
sacks and far away from the residence of the petitioner and, thus,
it is also not possible for the petitioner and her husband to have
transported the sacks with the bodies, as they have no vehicle for
such purpose. Learned counsel submitted that the husband of the
petitioner has been granted bail by order dated 26.06.2019 in Cr.
Misc. No. 18811 of 2019 (Bir Bahadur Yadav @ Lal Bahadur
Yadav vs. The State of Bihar). It was submitted that the petitioner
being a lady, having no other criminal antecedent, is in custody
since 29.11.2019. It was submitted that the police have submitted
chargesheet only under Section 306 of the Indian Penal Code.