Kanchan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11423 of 2024 Arising Out of PS. Case No.-219 Year-2023 Thana- SAHARSA SADAR District- Saharsa ====================================================== Kanchan Devi Wife of Manoj Yadav @ Manoj Kumar R/o Village - Simraha, Ward No.- 35, P.S.- Saharsa, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rashmi Jha, Advocate For the Opposite Party/s :

Mr. Murli Dhar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-02-2024 Heard learned counsel for the parties.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

3. Informant suspects that this petitioner along with other F.I.R. named accused persons assaulted and killed the sister of the informant by poisoning as she used to complain that her husband was having illicit relationship with this petitioner.

4. Petitioner is cousin sister-in-law of the deceased.

5. Learned counsel for the petitioner submits that allegation against the petitioner is general and omnibus. Petitioner has been made accused only on suspicion. Petitioner is separate in mess and property and she is not concerned with the family affairs of the deceased. Moreover, thrust of

Patna High Court CR. MISC. No.11423 of 2024(2) dt.22-02-2024 2/2 accusation is against husband of the deceased who is already in custody since January, 2024. Petitioner claims clean antecedent.

6. Considering the nature of accusation and fact that thrust of accusation is against husband of the deceased who is already in custody, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of her arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P. S. Case No. 219 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T