Laxmi Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.19399 of 2017 (3) dt.24-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19399 of 2017 Arising Out of PS.Case No. -167 Year- 2014 Thana -LAHERIASARAI District- DARBHANGA ====================================================== Laxmi Devi, wife of Late Krishna Nandan Sahu, resident of VillageUshma, Police Station- Ashok Paper Mill, District- Darbhanga. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shivendra Kumar Sinha For the Opposite Party/s : Mr. Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-05-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Laheriasarai P.S. Case No. 167 of 2014 registered for the offences punishable under Sections 498A, 323, 302/34 of the Indian Penal Code. Allegedly, the daughter of the informant was married with Baijnath Sah four years ago and Baijnath Sah used to live in Bombay, the in-laws used to assault, abuse and torture the wife of Baijnath Sah. In the night of 17.04.2014 the in-laws including the petitioner assaulted the victim Poonam Kumari causing serious injury and for that she was treated in D.M.C.H. where she died on 22.04.2014 at 4:00 a.m.

Submission is of false implication and that the victim Poonam Kumari fell down in the bathroom and she received

Patna High Court Cr.Misc. No.19399 of 2017 (3) dt.24-05-2017 injuries. The in-laws got her admitted in D.M.C.H. and the informant and his family members were informed and then they came at D.M.C.H. but at that time no case was lodged and after death of the victim the informant lodged this case with ulterior motive, resulting, the petitioner who is married sister-in-law (nanad) and widow is suffering in custody since 08.02.2017. Learned APP submits that against the petitioner also there is allegation.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Laheriyasarai P.S. Case No. 167 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on her part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T