Kanchan Kumari @ Kanchan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25680 of 2024 Arising Out of PS. Case No.-361 Year-2023 Thana- NASRIGANJ District- Rohtas ====================================================== 1.

Kanchan Kumari @ Kanchan Devi Son Of Santosh Singh @ Snatosh Singh 2.

Santosh Kumar @ Santosh Singh Son Of Chandra Shekhar Singh, Both Are Resident Of Village- Kandh Babuara, Ps- Karakat Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey, Advocate For the Opposite Party/s :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-05-2024

1. Heard learned counsel for the petitioners as well as learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code in connection with Nasriganj P.S. Case No.361 of 2023

3. The learned counsel for the petitioners submit that petitioners have been falsely implicated in the instant case by the informant who is brother of the deceased.

4. It is next submitted that the informant alleges that his sister was married to Pawan Kumar Singh about seven years back. It is further alleged that the relationship in between the husband and his sister was cordial, but the accused persons including the petitioners used to torture her for dowry, further on

Patna High Court CR. MISC. No.25680 of 2024(2) dt.02-05-2024 2/3 14.12.2023 he received an informant that his sister has been killed, accordingly he reached the place of occurrence where he saw the dead body of his sister who was pregnant, it is also alleged that out of wedlock two children were born.

5. The learned counsel for the petitioners submit that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that petitioner no.1 is own sister of the husband of the deceased and is married to the petitioner no.2 and they reside at Rohtas, while the deceased resided in Bihar. It is next submitted that the husband of the deceased died in a rail accident on 16.11.2023, as such the victim was under depression and committed suicide. It is further submitted that petitioners never had any day-to-day concern in the life of the deceased and her husband, but whenever any occurrence of the nature as alleged take place the entire family members are implicated in a mechanical manner. It is also submitted that the marriage was more than seven years old and out of the wedlock two children were born, but then no FIR came to be instituted in these seven years alleging that petitioners ever indulged in demanding dowry or torture.

6. The learned APP opposes the anticipatory bail application.

Patna High Court CR. MISC. No.25680 of 2024(2) dt.02-05-2024 3/3

7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Bikramganj, Rohtas in connection with Nasriganj P.S. Case No.361 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T