Kanchan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29589 of 2018 Arising Out of PS.Case No. -359 Year- 2017 Thana -FALKAHA District- KATIHAR ====================================================== Kanchan Devi, W/o Late Bhopal Mandal, Resident of Village- Kasimpur, P.S. Goradih, Distt.- Bhagalpur, presently residing at Village Barbariya, Musahari Nahar Tola, P.S. Falka, Distt.- Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 02-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with S.T. No. 69/2018 arising out of Falka P.S. Case No. 359 of 2017 registered for the offences punishable under sections 302/34, 120(B) of the Indian Penal Code.

It has been submitted that the petitioner is the wife of deceased. She has been made accused on the basis of her alleged confession as regards commission of murder of her husband with the help of other accused persons. The petitioner along with her husband and son was residing in a hut which was recently constructed by them on a 'Bandh'. The husband of the petitioner had sold his entire property including his residential land to one of his co-villager and the entire amount was kept with his cousin

Patna High Court Cr.Misc. No.29589 of 2018 (4) dt.02-07-2018 2/2 Rudal Mandal who hatched a plan and committed murder of deceased in order to grab his money. There is nothing against this petitioner except the alleged confession. There was no motive to commit murder of her husband. The petitioner is in custody since 26.02.2018 having clean antecedent. The other co-accuseds, whose names surfaced in confessional statement, have been allowed bail by different coordinate Benches of this Court in Criminal Miscellaneous Nos. 16750 and 27799 of 2018. Considering the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and she is directed to be enlarged on bail on furnishing bail bonds of Rs.

10,000/- with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge-cum-Special Judge, Katihar in connection with S.T. No. 69/2018 arising out of Falka P.S. Case No. 359 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make herself available as and when required by the court.

Mahesh/- (Sanjay Kumar, J) U T