Shanti Devi Kunwar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

Shanti Devi Kunwar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

Release of the petitioner on bail upon furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court in connection with Pipra P.S. case No. 350 of 2020.

Issue for consideration

Whether the petitioner, Shanti Devi Kunwar (mother-in-law of the deceased), should be released on bail in connection with Pipra P.S. Case No. 350 of 2020, instituted for the offences under Sections 302, 201, 34 and 120B of the Indian Penal Code.

Court's answer

Considering the facts and circumstances of the case, the claim based on parity with the similarly situated co-accused (who was bailed and later acquitted), the petitioner's clean antecedents, and the period of custody undergone, the Court is inclined to grant bail to the petitioner.

Ratio / Principle

The petitioner is to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court in connection with Pipra P.S. case No. 350 of 2020.

Detailed headnote1 paragraphs

Criminal Miscellaneous (Bail) — Patna High Court (Rudra Prakash Mishra, J.), order dt. 28-02-2024 in CR. MISC. No. 11994 of 2024 arising out of Pipra P.S. Case No. 350 of 2020 (District East Champaran), offences under Sections 302, 201, 34 and 120B IPC — Petitioner Shanti Devi Kunwar, mother-in-law of the deceased, alleged to have participated in torturing the informant's daughter who was done to death; counsel urged general and omnibus allegation and false implication — Bail granted on grounds of parity with similarly situated co-accused Kalawati Devi (bailed by Coordinate Bench on 06.06.2022 in Cr. Misc. No. 70335 of 2021 and acquitted by trial Court on 10.08.2022 in Sessions Trial No. 19 of 2022), clean antecedents and custody since 18.10.2022 — Release ordered on bail bonds of Rs. 10,000/- with two sureties of like amount each; chargesheet already submitted.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11994 of 2024

Arising Out of PS. Case No.-350 Year-2020 Thana- PIPRA District- East Champaran

======================================================

Shanti Devi Kunwar W/O Late Vishwanath Chaudhary Village- Shitalpatti, Ps.- Pipra, Dist. East Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 28-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Pipra P.S. case No. 350 of 2020 instituted for the offences under Sections 302, 201, 34 and 120B of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that her daughter who was issueless took a child from the hospital and started looking after him. It is stated that as a result of the same, the accused persons including the petitioner started to torture the informant’s daughter and ultimately she

Patna High Court CR. MISC. No.11994 of 2024(2) dt.28-02-2024 2/3

was done to death.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is the mother-in-law of the deceased. There is general and omnibus allegation levelled against this petitioner. Chargesheet has been submitted in this case. Similarly situated coaccused, Kalawati Devi was granted bail by a Coordinate Bench of this Court vide order dated 06.06.2022 passed in Cr. Misc. No. 70335 of 2021 and, later on, vide order dated 10.08.2022 in Sessions Trial No. 19 of 2022, she has been acquitted by the learned trial Court. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.10.2022 and has no criminal antecedent.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Considering the aforesaid facts and circumstances of the case, claim based on parity, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.11994 of 2024(2) dt.28-02-2024 3/3

below/concerned Court in connection with Pipra P.S. case No. 350 of 2020.

(Rudra Prakash Mishra, J)

Alok Verma/- U T