Kanchan Jaisawal @ Kanchan Paswan @ Guriya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73708 of 2025 Arising Out of PS. Case No.-390 Year-2025 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Kanchan Jaisawal @ Kanchan Paswan @ Guriya Wife of Late Rajesh jaiswal @ Rajesh Paswan Resident Of Village -Azamnagar, Teachers Colony, Ward No 5, Ps- University Thana, Dist -Darbhagna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivjee Singh, Adv.

For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-11-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 108, 123 and 3(5) of the BNS, 2023.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and the informant alleges that her husband committed suicide on account of false allegation of theft of gold alleged by the petitioner, her cousin sister, as revealed from the suicide note.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant, it is next submitted that petitioner is a widow. It is also submitted that Anand Kumar, the own brother of the

Patna High Court CR. MISC. No.73708 of 2025(2) dt.17-11-2025 2/3 deceased, had taken Rs. 22 Lakhs as loan from the petitioner with an assurance to return the said amount to the petitioner within nine months and Anand had also issued cheque. It is submitted that Anand did not return the amount within nine months, as such, petitioner started pressurizing him to return the amount, on which he assured that the amount would be returned and not to present the cheque as he will sell his land, but then the property of Anand was joint with the deceased and the deceased was objecting Anand from selling the land, but Anand was pressurizing on account of which, an altercation took place in between the two leading to the occurrence. It is submitted that petitioner is not aware of such suicide note.

It is also submitted that even presuming what has been alleged is true without admitting and if the petitioner had alleged that deceased had committed theft of gold whether the allegation would have been sufficient for the deceased to take his life. It is also submitted that petitioner will not abscond rather will cooperate in the investigation to prove her innocence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the

Patna High Court CR. MISC. No.73708 of 2025(2) dt.17-11-2025 3/3 event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Hajipur Sadar P.S. Case No. 390 of 2025 subject to the conditions as laid down under Section 482 (2) of BNSS.

7. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite giving assurance to this Court is not co-operating in the investigation, in that event the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

8. Let a copy of this order be sent to the concerned police station through the learned Trial Court.

9. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T