Lalita Singh @ Lalita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21214 of 2021 Arising Out of PS. Case No.-601 Year-2020 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== LALITA SINGH @ LALITA DEVI, Wife of Ram Badan Singh Resident of Village - Pokhari Ward No. 39, P.S.- Town, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar For the Opposite Party/s :

Mr. Pravin Kumar Mr. Nilesh Kumar Mr. Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-12-2021 Heard Sri Bipin Kumar, learned counsel for the petitioner, Sri Pravin Kumar, learned counsel appearing on behalf of informant and Mr. Nitya Nand Tiwary, learned A.P.P. for the State. Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 31.10.2020, seeks regular bail in connection with Begusarai Town P.S. Case No. 601 of 2020, for the offence punishable under Sections 498(A), 323, 304(B), 302 and 120(B)/34 of the Indian Penal Code.

The prosecution case, in brief, is that the accused persons named in the F.I.R., including the petitioner, committed torture and assault due to non-fulfillment of demand dowry and on the fateful day, as per the Postmortem report, the victim died due to throttling. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.21214 of 2021(3) dt.20-12-2021 2/3 submits that petitioner is an old lady, aged about 78 years, which would appear from the cause title of the application. He further submits that other co-accused, who are sister-in-laws, altogether six in number, have already been released on bail by this Court on 16.07.2021 passed in Criminal Miscellaneous No. 32801 of 2021 and one Chhoti Kumari @ Nisha Singh has also been released on bail on 27.10.2021 passed in Criminal Miscellaneous No. 47981 of 2021. He further submits that there is no specific allegation against the petitioner and also taking into consideration the health and age of the petitioner, it is beyond imagination that she would throttling the deceased to death as such the petitioner deserves to be released on bail.

Learned A.P.P. for the State has opposed the prayer for bail.

Learned counsel appearing on behalf of informant has drawn the attention of this Court to the Postmortem report in para 37 of the case diary, where Doctor has opined that death was due to asphyxia as a result of throttling.

Having heard the rival submissions, perusal of the case diary and the Postmortem report, taking into consideration the age of the petitioner, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with

Patna High Court CR. MISC. No.21214 of 2021(3) dt.20-12-2021 3/3 Begusarai Town P.S. Case No. 601 of 2020, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T