Lalo Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4361 of 2025 Arising Out of PS. Case No.-170 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== 1.

Lalo Devi W/o BalKrishna Rishideo @ Bal Krishna Rishidev R/o villageHalhaliya, Ward no. 06, Khawaspur P.S.- Simraha, District-Araria. 2.

Nahush Rishideo @ Nahus Rishidev @ Nahush Kumar Rishidev S/o Mukesh Rishidev @ Mukesh Rishideo R/o Doria Sonapur, Ward no. 09, P.S.- Simraha, District-Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhav Jha, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 342, 323, 325, 307, 504/34 of the Indian Penal Code to which Section 302 of the Indian Penal Code was added later on.

3. As per prosecution case, on the alleged date and time of occurrence, son of informant went to his sasural in search of his wife where these petitioners and other F.I.R. named accused persons caught hold of the son of informant and assaulted him causing injury on his head leading to his death

Patna High Court CR. MISC. No.4361 of 2025(2) dt.31-01-2025 2/3 during course of treatment in Katihar Medical College.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. Petitioner No. 1 is mother-in-law and petitioner No. 2 is mamera brother-in-law of the deceased. Allegation against petitioners is general and omnibus and there is no allegation of specific overt act against them. As a matter of fact, during investigation, police found the case against petitioners to be false and submitted final form against them but differing with the same, learned court below took cognizance against the petitioners. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Forbesganj (Simraha) P. S. Case No. 170 of 2019, subject to condition as laid down under Section

Patna High Court CR. MISC. No.4361 of 2025(2) dt.31-01-2025 3/3 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T