Kanchan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42618 of 2019 Arising Out of PS. Case No.-155 Year-2018 Thana- EKANGARSARAI District- Nalanda ====================================================== Kanchan Devi Wife of Raj Ballabh Prasad @ Raj Ballam Prasad, Resident of Village - Chak Mushari, P.S.- Ekangarsarai, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-07-2019 Heard both sides.

The petitioner apprehends her arrest in Ekangarsarai P.S. Case No.155 of 2018 registered under Sections 304B and 34 of the Indian Penal Code.

The informant disclosed that he married his daughter with Nitish Prasad son of Ram Pravesh Prasad. His daughter also gave birth to a female child but her husband and other inlaws began to demand dowry. The informant got information on 03.08.2018 that all the accused persons strangulated her to death.

Learned counsel for the petitioner submits that the petitioner is cousin mother-in-law of the deceased. The petitioner has got no manner of concern with the family affairs of Nitish Prasad (husband of deceased). It is further submitted

Patna High Court CR. MISC. No.42618 of 2019(2) dt.10-07-2019 2/2 that the co-accused Reena Devi, Pratima Devi and Kabita Devi have already been granted anticipatory bail by order dated 13.03.2019 passed in Cr.Misc.No.5542 of 2019. The case of petitioner stands on better footing.

It appears that the petitioner is the wife of Raj Ballabh Prasad, who happens to be the brother of father-in-law of deceased. Of course, the name of petitioner has also been mentioned in the F.I.R. but no specific allegation is made against the petitioner. The other accused persons have already been granted anticipatory bail.

Having considered the facts aforesaid, the above named petitioner, in the event of her arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Hilsa, Nalanda in connection with Ekangarsarai P.S. Case No.155 of 2018, subject the to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T