Kanchan Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59922 of 2019 Arising Out of PS. Case No.-80 Year-2019 Thana- MOTIPUR District- Muzaffarpur ====================================================== KANCHAN KUMARI D/o Late Ramlakhan Singh, Wife of Sri Vikram Kumar, resident of village- Chhapra Dharampur Jaddu, P.S.- Kanti, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Motipur P.S. Case No.80 of 2019 registered for offence punishable under sections 406, 419 and 420 of the Indian Penal Code.

As per the FIR, Mahipal Singh had four sons, namely, Chandeshwar Prasad Singh, Ram Lakhan Singh, Bindeshwar Singh and Maheshwar Singh.

The learned counsel for the petitioner submits that the informant is daughter of Bindeshwar Singh and she has claimed that Ram Lakhan Singh has died issueless, but he submits that it is a wrong assertion, she is daughter of Ram Lakhan Singh and Chandeshwar Prasad Singh has also accepted that from the 2nd wife,

Patna High Court CR. MISC. No.59922 of 2019(4) dt.20-11-2019 2/2 Ram Lakhan Singh was blessed with two daughters and one of the daughters is petitioner, so claim of the informant that Ram Lakhan Singh died issueless is completely incorrect, inasmuch as, in Succession Case No.22 of 1993, Chandeshwar Prasad Singh has accepted that Ram Lakhan Singh has two daughters, namely, Kanchan Kumari and Komal Kumari.

In such view of the matter, the petitioner, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, West Muzaffarpur in connection with Motipur P.S. Case No.80 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make herself available as and when required by the court.

(Shivaji Pandey, J) Mahesh/- U T