Kanchan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9447 of 2017 Arising Out of PS.Case No. -64 Year- 2014 Thana -MAHNAR District- VAISHALI(HAJIPUR) ======================================================

1. Kanchan Devi, Wife of Binod Singh, Resident of village - Fatehpur Kamali, Police Station Mahnar, District - Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar Singh For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-04-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Session Trial No. 322 of 2016 arising out of Mahnar P.S. Case No. 64 of 2014 registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code.

Pushpa Kumari, the daughter of the informant was married to Mukesh Singh four years ago and after marriage the husband and other in-laws started demanding motorcycle and colour T.V. and due to non-fulfillment, she was tortured and assaulted by them and ultimately, they killed her by pressing her neck.

Submission is of false implication and that petitioner is

Patna High Court Cr.Misc. No.9447 of 2017 (2) dt.11-04-2017 2/3 the Gotni of deceased. She has no concern with the family affairs of the deceased and her husband, as she is living separately since long. Without any fault she is suffering in custody since 16.11.2016. Trial is going on and all witnesses including Ajay, who has informed the incident to the informant, have turned hostile and not supported the prosecution version. The learned A.P.P. opposes the prayer of bail by submitting that within seven years of marriage the daughter of the informant was killed for non-fulfillment of demand of dowry. In the facts and circumstances stated above, considering that petitioner is the Gotni and as claimed by her that she is living separately, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs.

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Vaishali at Hajipur in connection with Sessions Trial No. 322 of 2014 arising out of Mahnar P.S. Case No.

Patna High Court Cr.Misc. No.9447 of 2017 (2) dt.11-04-2017 3/3 the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T