Kanchan Kumari @ Kanchan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76631 of 2024 Arising Out of PS. Case No.-78 Year-2024 Thana- KARAI PARSURAI District- Nalanda ====================================================== Kanchan Kumari @ Kanchan Devi Daughter of Sukhu Prasad Resident of Village - Bahapar, P.S. - Karai Parsurai, District - Nalanda. At present Wife of Mantu Kumar, Resident of Village - Kajhiyawan, Police Station - Tharthari, District - Nalanda ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-11-2024 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Karai Police Station Case No. 78 of 2024, disclosing offences under Sections 304 (B), 328 and 34 of the Indian Penal Code.

3. As per the First Information Report, the marriage of the informant's daughter was solemnized with the accused Satish Kumar five years ago. After marriage, the petitioner along with other accused persons, started torturing the informant's daughter and administered poison to her due to which informant's daughter died.

4. Learned Counsel for the petitioner submits that

Patna High Court CR. MISC. No.76631 of 2024(2) dt.18-11-2024 2/3 the petitioner has falsely been implicated in this case due to the fact that she happens to be married Nanad (sister-in-law) of the deceased. The marriage of the petitioner was solemnized eight years ago, while the marriage of the informant's daughter was solemnized with co-accused about five years ago. He next submits that the petitioner used to live in her matrimonial home along with her husband and other family members. He further submits that the allegation against the petitioner is general and omnibus in nature.

5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is married Nanad (sister-in-law) and the husband of deceased is already in custody, I am inclined to grant the petitioner privilege of anticipatory bail.

7. This application is, accordingly, allowed.

8. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Hilsa, Nalanda in connection with Karai Police Station Case No. 78 of 2024

Patna High Court CR. MISC. No.76631 of 2024(2) dt.18-11-2024 3/3 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) Siwani/- U T