Lalita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13326 of 2020 Arising Out of PS. Case No.-450 Year-2019 Thana- DARIYAPUR District- Saran ====================================================== 1.

LALITA DEVI Wife of Gorakh Singh Resident of Village - Dariyapur, P.S.- Dariyapur, District - Saran (Chapra) 2.

Rinki Devi Wife of Abhay Kumar @ Birendra Kumar @ Abhay Singh @ Birendra Singh Resident of Village - Dariyapur, P.S.- Dariyapur, District - Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Sinha For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-12-2021 Learned counsel for the petitioners seeks permission of the Court to withdraw this application in respect of petitioner no. 1 as he has been taken into judicial custody. Permission is accorded.

The application is dismissed as withdrawn in respect of petitioner no. 1.

Heard learned counsel for the petitioner no. 2 and learned APP for the State.

Learned counsel for the petitioner no. 2 is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner no. 2 is apprehending her arrest in a

Patna High Court CR. MISC. No.13326 of 2020(2) dt.07-12-2021 2/3 case registered under Sections 341, 307, 504, 379, 34 of the Indian Penal Code.

The prosecution allegation, in short, is that the accused persons assaulted the informant and his family members due to which they sustained injuries.

It has been submitted on behalf of the petitioner No. 2 that she has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner no. 2. The petitioner no. 2 has falsely been implicated in the present case. No allegation of assault is alleged against petitioner no. 2. The petitioner no. 2 is a lady. Due to village politics, she has been made accused in the present case.

On behalf of the State, it is submitted that the petitioner no. 2 is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner no. 2, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Dariyapur P.S. Case No. 450 of 2019, subject to the conditions

Patna High Court CR. MISC. No.13326 of 2020(2) dt.07-12-2021 3/3 as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T