Chandani Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47970 of 2022 Arising Out of PS. Case No.-92 Year-2022 Thana- KUDHNI District- Muzaffarpur ====================================================== CHANDANI KUMARI W/O BAUEALAL KUMAR Resident of villageVijay Chhapra, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur, Adv.

For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-01-2023 Heard Mr. Hari Kishore Thakur, learned counsel for the petitioner and the State through video conferencing in view of the Covid-19.

The petitioner apprehends his arrest in connection with Kudhani P.S. Case No. 92 of 2022 instituted under Sections 304(B), 201 and 34 of the Indian Penal Code. As per the prosecution story, the informant alleged that her sister was married to Amod Sahani and they were living happily thereafter. Later, dowry demand started and finally the lady was killed and the body disposed of. Accordingly, the FIR was lodged.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.47970 of 2022(2) dt.06-01-2023 2/3 the present petitioner is the married sister-in-law of the deceased and had nothing to do with the affairs of the family/couple. It is his further submission that the lady do not have any criminal antecedent and lastly the husband of the deceased, Amod Sahani has since surrendered before the concerned Court and is in judicial custody. Learned APP on the other hand opposes the prayer stating that as per the case, the lady has been killed by the family members.

Taking into account the fact that the petitioner is a married lady to another house, is sister-in-law of the deceased, the husband as stated has been in judicial custody, she do not have criminal antecedent, this Court is inclined to grant her relief. However, if it is found that the statement regarding husband being in jail is wrong, the order shall become infructuous.

Let the petitioner be released on bail, in the event of her arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Kudhani P.S. Case No. 92 of 2022 to the

Patna High Court CR. MISC. No.47970 of 2022(2) dt.06-01-2023 3/3 satisfaction of learned A.C.J.M.1st, Muzaffarpur West subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Ravi/Ajay Singh/- U T