Kanchan Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36981 of 2021 Arising Out of PS. Case No.-329 Year-2020 Thana- BELDOUR District- Khagaria ====================================================== KANCHAN DEVI W/o Late Gyani Sharma Resident of Village - Pansalwa, P.S.- Beldaur, Distt.- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
Considering the submission, learned counsel for the petitioner is permitted to make necessary correction in paragraph no.1 of the present bail petition, during course of day. The petitioner seeks bail in connection with Beldaur P.S. Case No. 329 of 2020 registered for the offence under Sections 302, 120(B) and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 01.12.2020.
The allegation against the petitioner is to commit murder of father of the informant along with her paramour.
Patna High Court CR. MISC. No.36981 of 2021(11) dt.27-09-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that informant is not the eye-witness of the occurrence and the entire allegation is based upon suspicion that petitioner, who is step-mother, having extra marital affairs with one, Indrajeet Kumar. It is further submitted that alleged recovery of blood stained 'Dabiya' was made from the house of the petitioner, immediately after her arrest and admittedly, as per report of Superintendent of Police, Khagaria, same was not sent for FSL examination, appearing a gross negligence against standard practice. While concluding the argument, it is submitted that petitioner is a lady of clean antecedent, moreover, investigation of this case has been completed, for which, chargesheet has already been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, while opposing the prayer of bail, fairly conceded the fact that in terms of report of Superintendent of Police, Khagaria, the blood stained 'Dabiya' was not sent for FSL examination.
Considering the facts and circumstances as mentioned above, as informant is not the eye-witness of the occurrence, where petitioner is a lady of clean antecedent coupled with the fact that charge-sheet has already been submitted, let the
Patna High Court CR. MISC. No.36981 of 2021(11) dt.27-09-2022 3/3 petitioner, above named, is directed to be released on bail in connection with Beldaur P.S. Case No. 329 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Khagaria / concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T