Kanchan Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61485 of 2025 Arising Out of PS. Case No.-63 Year-2025 Thana- SAKRI District- Madhubani ====================================================== Kanchan Devi S/o Sudharak Chaudhary R/o Village- Meghaul, P.S- Sakri, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Kumari Pallavi For the Opposite Party/s :
Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 10-09-2025 Heard the parties.
2. The petitioner apprehends her arrest in connection with Sakri P.S. Case No. 63 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 117(2), 74, 329(3), 352, 351(2), 351(3), 3(5) of the BNS, 2023.
3. The accusation against the petitioner is of causing assault and trying to strangulate the informant by tying a rope around the neck with the help of her alleged paramour.
4. Learned Advocate for the petitioner submitted that the informant is none else but the mother-in-law of the petitioner and prior to the institution of the present case, the petitioner had lodged a case against her husband and mother-inlaw along with other family members bearing CR No. 526/2024, which is pending before the jurisdictional court. It is further
Patna High Court CR. MISC. No.61485 of 2025(2) dt.10-09-2025 2/3 contended that the petitioner has also lodged a maintenance case against her husband bearing MR No. 196/2024 and only with a view to settle the score and put pressure, the present FIR has been instituted by the informant. Taking this Court through the FIR it is further contended that the so called paramour is none else but the brother-in-law of the informant and this fact has knowingly been suppressed in order to make the case serious. The informant has not sustained any injury nor it has been discussed in the impugned order. The petitioner is a lady, however she is facing one criminal case, but instituted by the mother-in-law (informant).
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the petitioner has assaulted her own mother-in-law and earlier also she has committed the same offence.
6. Having considered the submissions set forth by the learned Advocates for the respective parties and taking note of close relationship between the petitioner and the informant as also the previous two cases pending between the petitioner and informant, coupled with the fact that the petitioner is a lady, let the petitioner abovenamed be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks
Patna High Court CR. MISC. No.61485 of 2025(2) dt.10-09-2025 3/3 from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani in connection withSakri P.S. Case No. 63 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) Anjani/- U T