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Patna High CourtCR. MISC./22352/2024allowed

Kanchan Kumari v. The State Of Bihar

2024-04-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22352 of 2024 Arising Out of PS. Case No.-155 Year-2019 Thana- KHODAWANDPUR District- Begusarai ====================================================== Kanchan Kumari Daughter of Mahesh Mahto @ Ram Charan Mahto Resident of Village- Kale, P.S.- Hasanpur, Dist.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-04-2024 Heard learned counsel for the parties.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 494, 495 and 498A of the Indian Penal Code.

3. The petitioner along with other co-accused is said to have abused and assaulted the informant and they also created pressure upon the informant to commit suicide and out of frustration she started to reside at the house of her father.

4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither abused nor tortured the informant. As a matter of fact, the petitioner is the second wife of the informant's husband. The petitioner has relied upon the judgment of this Court in the case of Md.

Patna High Court CR. MISC. No.22352 of 2024(2) dt.04-04-2024 2/2 Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182.

5. In that view of the matter, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Khodawandpur P.S. Case No.155 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

6. If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation.

7. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) Trivedi/- U T