Kanchan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79311 of 2023 Arising Out of PS. Case No.-246 Year-2023 Thana- GOGRI District- Khagaria ====================================================== Kanchan Devi, aged about 35 years, wife of Amar Yadav Village- Shishwa Ps- Gogri Dist- Khagaria ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Saroj Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Gogri P.S Case No. 246 of 2023 dated 14.07.2023 registered for the offence punishable u/ss 341, 448, 307, 504 read with 34 of the Indian Penal Code and Section 27(i) of Arms Act.

4. As per the prosecution case, the informant got informant that 4-5 unknown persons armed with weapons

Patna High Court CR. MISC. No.79311 of 2023(2) dt.07-12-2023 2/3 entered his house and started abusing and firing. Thereafter, all the miscreants broke the door of the room of his sister Rashmi Jha and fired on her with intention to kill.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is further submitted that the petitioner is not named in the F.I.R. rather the name of the petitioner has sprung up in the confessional statement of co-accused Kanahiya. Learned counsel has further submitted that the informant's injured sister and mother has not whispered even a single word against the petitioner. It is further submitted that the petitioner is a lady. It is also submitted that the petitioner has one criminal antecedent as per the supplementary affidavit filed on behalf of the petitioner.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty

Patna High Court CR. MISC. No.79311 of 2023(2) dt.07-12-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Khagaria in connection with Gogri P.S. Case No. 246 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) Nilmani/- U T