Kanchan Devi @ Pushpa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20982 of 2024 Arising Out of PS. Case No.-213 Year-2013 Thana- SIRDALA District- Nawada ====================================================== Kanchan Devi @ Pushpa Devi W/O Ram Nandan Prasad R/O Village- Raut Bigha, P.S- Nawada, Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in a case registered under sections 302/201/34 of the Indian Penal Code.

3. Informant Sunita Kumari made allegation that when she was present inside the room with her husband, her father-inlaw, namely Tek Narayan Prasad Yadav and her Bhaisur, namely, Vijay Pratap came there. Some hot discussions had taken place between her husband and her brother-in-law and father-in-law. Later on, when in the next morning, the petitioner who is the sister of the deceased went to the kitchen saw the dead body of her brother.

4. Learned counsel for the petitioner has submitted that the petitioner is married daughter and in the entire F.I.R. as well as the material collected during the course of investigation,

Patna High Court CR. MISC. No.20982 of 2024(3) dt.02-07-2024 2/2 nothing emerged against her.

5. On the other hand, learned Addl. P.P. Mr. J.N. Thakur, though fairly admitted there is no direct allegation against the petitioner but he has submitted that her anticipatory bail has twice been rejected by this Court, to which the learned counsel for the petitioner submits that the petitioner is under custody since 28 August, 2023 and she has amply been punished for the delay caused by her in progress of case.

6. Considering the facts and circumstances, especially the fact that the petitioner is under custody since 28 August, 2023, this application is allowed.

7. Let the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Sirdalla (Miskaur) P.S. Case No. 213 of 2013. (Nawneet Kumar Pandey, J) sanjeev/- U T