Kanchan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12892 of 2023 Arising Out of PS. Case No.-70 Year-2021 Thana- MORKAHI District- Khagaria ====================================================== 1.

Kanchan Devi W/O Pappu Thakur Resident Of Village- Ahuna, P.S.- Alauli, District- Khagaria.

2.

Rajeev Thakur S/O Late Ganeshi Thakur Resident Of Village- Sabalpur, P.S.- Morkahi, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anurag Saurav For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of bail in connection with Morkahi P.S. Case No. 70 of 2021 registered under sections 304(B) and 34 of the Indian Penal Code. Allegation against the petitioners along with other coaccused persons is that they used to torture the informant's sister for non-fulfillment of dowry demand of Rs. 1 lakh. due to this she hanged herself and died.

Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case. The petitioners are in-

Patna High Court CR. MISC. No.12892 of 2023(2) dt.25-04-2023 2/2 laws of the deceased. It is further submitted that they have no concern with mess and business of the deceased as well as from her husband and also they live separately from them. The husband of the petitioner is already in judicial custody. A statement has been made in para-3 of this petition that the petitioners are languishing in judicial custody for more than six months.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Morkahi P.S. Case No. 70 of 2021 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-V, Khagaria.

(Sunil Kumar Panwar, J) shubham/- U T