Kanchan Devi @ Kanchan Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79691 of 2024 Arising Out of PS. Case No.-166 Year-2023 Thana- RIGA District- Sitamarhi ====================================================== Kanchan Devi @ Kanchan Kumari W/O Farindra Kumar Sah Resident of village - Semardah Kalan, P.O - Narha, P.S- Suppi,Dist.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-01-2025 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 304(B), 120(B) of the Indian Penal Code.

3. All the F.I.R. named accused persons including this petitioner, on non-fulfillment of demand of dowry, in furtherance of the common intention are said to have committed murder of the sister of the informant after assaulting.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and she has committed no offence. No such occurrence as alleged ever took place. Petitioner is the married Bhagini of the husband of the

Patna High Court CR. MISC. No.79691 of 2024(2) dt.17-01-2025 2/3 deceased. She has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that the husband of the deceased, namely, Ajay Sah is already in judicial custody since 16.07.2023. She has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as husband of the deceased is in judicial custody, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Riga P.S. Case No. 166 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T

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