Judge Chandra Prakash Singh rejected a bail petition filed by Kanchan Devi, accused under Sections 302 and 201 IPC. The court held that the heinous nature of the allegations regarding a buried body precluded bail, directing the court below to conclude the trial at the earliest.
Bail petition rejected; trial to be concluded at the earliest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16305 of 2024
Arising Out of PS. Case No.-605 Year-2022 Thana- MADANPUR District- Aurangabad
======================================================
Kanchan Devi, aged about 40 years, Gender-(Female), W/o Late Binay Kumar Singh, Resident of Village-Maya Bigha, P.S.-Madanpur, DistrictAurangabad.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr. Tej Narayan Singh, Advocate For the Opposite Party : Mr. Murli Dhar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
5 24-07-2024
Heard learned counsel for the petitioner and learned A.P.P. for the State.
Patna High Court CR. MISC. No.16305 of 2024(5) dt.24-07-2024 2/3
the prosecution case except the informant who is the brother-inlaw ( Dewar ) of the petitioner and his motive is to grab the property of the petitioner. It is further submitted that from perusal of the F.I.R., it appears that on 03.12.2022 in the evening when the informant was at Shivganj Market and met to one Suresh Das, who narrated the informant about the occurrence and has said that bad smell was coming from the aforesaid pit but it is very surprising that no alarm was raised or not disclosed by him in the society. It is further submitted that after investigation as well as the statement of the petitioner it has come to the conclusion of the prosecution case that the deceased died himself due to take over dose of drugs. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. She is in custody in this case since 06.12.2022.
Patna High Court CR. MISC. No.16305 of 2024(5) dt.24-07-2024 3/3
No. 605 of 2022, pending in the court of learned Additional
District and Sessions Judge-II, Aurangabad.
the petitioner at the earliest.
(Chandra Prakash Singh, J)
U.K./- U T
3 issues framed by the court
Whether bail should be granted to the petitioner accused of murdering her son.
Whether the circumstances warrant early conclusion of the trialsection 302 IPC
whether bail should be granted to the petitioner accused of murdering her son.
Kanchan Devi
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
