Dismissed¶24

Kanchan Devi @ Kanchan Kumari v. The State of Bihar

Patna HC12 May 2025CR. MISC./7177/2025

Case brief

AI extract

What is this about?

Regular bail denial, murder of husband, Patna High Court, 12-05-2025; CRL. MISC. No.7177 of 2025; Phulwari Sharif (Janipur) P.S. Case No. 1190 of 2024, District Patna; offences u/ss 103(1), 61 read with 3(5) BNS; petitioner Kanchan Devi @ Kanchan Kumari, wife of deceased Dilip Das/Dilip Kumar; alleged conspiracy murder at Maike with co-accused; case diary paras 41-43, independent witnesses per A.P.P.; defence plea of suicide by deceased and omnibus allegation; custody since 17.08.2024; Justice Chandra Prakash Singh; application rejected on heinous nature of allegation.

What did the court decide?

Considering the facts and circumstances of the case and the heinous nature of the allegation against the petitioner, the court is not inclined to enlarge the petitioner on bail; consequently the bail application stands rejected. ¶22

Kanchan Devi @ Kanchan Kumari Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7177 of 2025

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Arising Out of PS. Case No.-1190 Year-2024 Thana- PHULWARISHARIF District- Patna

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

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Kanchan Devi @ Kanchan Kumari W/o Late Dilip Das @ Dilip Das R/o - Adhapa, P.O - Sorampur, P.S - Janipur, Phulwari Sharif, District - Patna, Matrimonial House Village - Bela, Lakshmanpur, P.S - Neura, District - Patna

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Munna Kumar For the Opposite Party/s : Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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3 12-05-2025

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Heard learned counsel for the petitioner and

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learned A.P.P for the State.

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2 . The petitioner has preferred this application for grant of regular bail in connection with Phulwari Sharif (Janipur) P.S. Case No. 1190 of 2024 dated 16.08.2024 registered for the offences punishable u/ss 103 (1), 61 read with section 3(5) of the BNS.

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3 . As per the prosecution case, the son of the informant, namely Dilip Kumar had gone to the paternal house of his wife, namely, Kanchan Devi (petitioner). On 15.08.2024 at about 8:30 P.M., the niece of the informant received information that Dilip Kumar has died. On this

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Patna High Court CR. MISC. No.7177 of 2025(3) dt.12-05-2025 2/3

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information, the informant along with his family members went to the paternal house of Kanchan Devi (petitioner) and found that the dead body was laying and all the family members fled away. It is further alleged that the petitioner along with the other co-accused persons has committed the murder of the informant’s son.

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4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that there is general and omnibus allegation against the petitioner. The petitioner is a lady. It is further submitted that the deceased himself committed suicide. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.08.2024.

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5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the petitioner is the wife of the deceased and the deceased died in his Sasural. It is further stated that as per para 41, 42 and 43 of the case diary, the independent witnesses have supported the prosecution case. The petitioner and the coaccused persons in connivance with one another committed

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Patna High Court CR. MISC. No.7177 of 2025(3) dt.12-05-2025 3/3

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murder of Deelip Kumar (husband of the petitioner) under conspiracy at her Maike.

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6 . Considering the aforesaid facts and

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circumstances of the case as well as the heinous nature of allegation against the petitioner, I am not inclined to enlarge

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the petitioner on bail.

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7 . The application stands rejected.