Kanchan Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1744 of 2025 Arising Out of PS. Case No.-199 Year-2020 Thana- BAHADURPUR District- Darbhanga ====================================================== Kanchan Kumari W/O Deep Narayan Yadav R/o Village- Basudeopur, P.SBahadurpur (Sonki O.P), District - Darbhanga ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arbind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner is in custody in a case registered for an offence punishable under Sections 498(A), 307, 302, 34 of the Indian Penal Code.

3. As per the prosecution case, the informant who is also the present petitioner in this case stated in her fardbeyan that present case was registered for the offence under Section 498(A), 307, 302/34 of the IPC against her husband and other sin which she has alleged that on 04.05.2020 in the morning she wake up after hearing crying of her children and she saw her husband was electrocuting his two children who are aged about five years and two years and also tried to electrocuted the present petitioner also.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.1744 of 2025(5) dt.09-05-2025 2/2 case. He further submits that petitioner has got no criminal antecedents as stated in para-3 of the bail petition. He next submits that petitioner is in custody since 29.09.2024.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that petitioner is involved in the murder of her two children as during investigation police found the case to be true against the present petitioner under Section 302 of IPC.

6. From perusal of the FIR, case diary, post-mortem report of the deceased and impugned order dated 03.12.2024, it appears that death of both the children is caused by manual strangulation and not due to electric shock and also the fact that there is serious allegation upon the petitioner that she has killed both of her children, so considering all facts and circumstances of the case, submission of both the parties, I am not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Harshita/- U T