Chanchal Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33904 of 2025 Arising Out of PS. Case No.-69 Year-2025 Thana- LALGANJ District- Vaishali ====================================================== Chanchal Devi wife of Sanjeet Kumar Shukla @ Sanjeet Shukla villageJalalpur, Ps- lalganj, Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar -2, Adv Mr. Aryan Singh, Adv For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh For the Informant Mr. Abhishek Anand, Adv Ms. Madhuri Kumari, Adv ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 27-05-2025 Heard learned counsel for the petitioner and the learned APP for the State.
2. The petitioner makes a prayer for grant of regular bail in a case registered for the offences punishable under Sections 126,115(2),109,103 and 3(5) of the BNSS Act.
3. The allegation in the FIR is that on account of a partition in the family, the informant's brother-in-law Sanjit Kumar, his wife Chanchal Devi and his nephew Anand kumar came together and started assaulting the husband of the informant and by the time, the villagers intervened in the matter, all the three persons assaulted the informant with lathi, danda and thereafter, the police was called. It has further been alleged
Patna High Court CR. MISC. No.33904 of 2025(2) dt.27-05-2025 2/3 that the informant was taken for treatment to a doctor from where he was referred to Sadar Hospital and on way to the hospital, the informant's husband died on 09.02.2025 thereafter the present case was lodged.
4. Learned counsel for the petitioner at the out set submits that the FIR has been lodged after a delay of one day and after due thought and deliberation as the occurrence had taken place on 08.02.2025 and the deceased had also been taken to a doctor and yet the present FIR came to be lodged on 09.02.2025 after the death of the deceased. It has further been submitted that there is valid dispute of partition in the family and the petitioner is sister-in-law( Gotni) of the informant. It is also submitted that there is case on both the sides and even earlier in the year 2022 both the petitioner and the informant instituted the cases against each other. Further submission of the petitioner is that the petitioner is the house wife and she has unnecessarily been made an accused in this case although she did not have any role in assaulting the deceased. The petitioner is in custody since 10.02.2025 and the charge sheet has been submitted.
5. The learned counsel for the informant opposes the grant of bail, besides others, also on the ground that the
Patna High Court CR. MISC. No.33904 of 2025(2) dt.27-05-2025 3/3 petitioner also has criminal antecedent. In response to the same, it has been submitted that the said case was also lodged by the present informant in which, she is on bail.
6. Considering the aforesaid facts and circumstances , let the above named petitioner shall be enlarged on bail on furnishing bail bonds of Rs 10,000/- (ten 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 Lalganj P.S. Case No. 69 of 2025.
(Soni Shrivastava, J) N.K/- U T