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Patna High CourtCR. MISC./24195/2021bail granted

Kajal Kumari v. The State Of Bihar

2022-01-27Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24195 of 2021 Arising Out of PS. Case No.-224 Year-2020 Thana- VAISHALI District- Vaishali ====================================================== KAJAL KUMARI Wife of Tikku Resident of Village- Sain, P.S.- Vaishali, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Chandra Jha For the Opposite Party/s :

Mr.Sabal Kumar Jha Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-01-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner apprehends her arrest for the offences alleged under Sections 302, 201 and 34 of the Indian Penal Code, registered in connection with Vaishali (Belsar) P.S.Case No.224 of 2020.

The informant Upendra Singh has lodged this case mentioning therein that the marriage of his daughter was solemnized with co-accused Shekhar Kumar in the year 2013. He used to torture the daughter of the informant. On 10.07.2020,

Patna High Court CR. MISC. No.24195 of 2021(2) dt.27-01-2022 2/3 the informant's wife received information on telephone that her daughter has been murdered. The dead-body of her daughter was recovered which was burried 500 metre away from the house. In the last portion of the FIR, it has been mentioned that the FIR named accused persons have committed the murder of the daughter of the informant.

The learned counsel for the petitioner has submitted that in the entire FIR there is no allegation of dowry demand nor there is any allegation inflicting cruelty to the deceased against petitioner, who is the married nanad of the deceased. That allegation is only against the husband Shekhar Kumar who is in custody. He has also submitted that co-accused Chhotu Kumar has been granted anticipatory bail by this Court in Cr.Misc. No. 10399 of 2021.

Considering the above facts and circumstances, let the petitioner above-named, in the event of her arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur Patna in connection with Vaishali (Belsar) P.S.Case No.224 of 2020, subject to the conditions as laid down under

Patna High Court CR. MISC. No.24195 of 2021(2) dt.27-01-2022 3/3 Section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T