Kanchan Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47358 of 2025 Arising Out of PS. Case No.-124 Year-2025 Thana- RANIGANJ District- Araria ====================================================== Kanchan Devi W/o Ranjan Kumar Mandal R/o Village- Gidhwas, Ward No. 11, P.S.- Raniganj, District- Araria (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Ravish, Advocate Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s :
Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Raniganj P.S. Case No. 124 of 2025 registered for the alleged offences under Sections 126(2), 127(2), 329(3), 329(4), 115(2), 118(1), 109, 103(1), 352, 3(5) of B.N.S.
3. As per prosecution case, the petitioner and coaccused persons entered into the house of the informant and assaulted the mother of the informant. Co-accused persons Kundan Kumar and Anila Devi caught hold of the mother of the informant and co-accused Chandeshwar Mandal, firstly cut her tongue and subsequently stabbed her on the neck causing serious injury to her. Other family members of the informant
2/4 were also assaulted. The mother of the informant was taken to hospital where she was declared dead.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The informant named altogether 13 persons from the same family including two minors aged 12 years and 15 years which shows vindictive mind of the informant. On the date of occurrence, the petitioner was not even present in the village as she had gone to one of her relative's house for her treatment. It is clear from the FIR itself that the informant is not an eye witness, who reached the place only after receiving information and did not see the occurrence through his own eyes. The whole version of the informant is hearsay. It is also clear from the FIR that the occurrence took place in the background of previous dispute between the parties. Moreover, the allegation of assault and causing death of the mother of the informant is against coaccused Chandeshwar Mandal and the injury report of the wife of the informant shows only simple injury. The petitioner is having clean antecedent and she is in custody since 28.03.2025 and charge sheet has been submitted.
5. Learned APP opposes the submission made on behalf of the petitioner.
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6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the completely vague and non-specific nature of allegation against the petitioner and also considering the fatal blow being ascribed to co-accused and further considering the period of custody of the petitioner, her clean antecedent and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Ist Class, Araria/concerned Court in connection with Raniganj P.S. Case No. 124 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the
4/4 petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) DKS/- U T