Patna High CourtCR. MISC./25362/2021bail granted

Lalita Devi v. The State Of Bihar

2022-02-07Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25362 of 2021 Arising Out of PS. Case No.-67 Year-2020 Thana- GOPALPUR District- Bhagalpur ====================================================== LALITA DEVI W/O NARESH YADAV RESIDENT OF VILLAGE BABU TOLA, KAMLA KUND, P.S.-GOPALPUR, DISTRICT-BHAGALPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Kumar For the Opposite Party/s :

Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-02-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner apprehends her arrest in connection with Gopalpur P.S. Case No. 67/2020 registered for the offences punishable under Sections 341/323/504/506 of the Indian Penal Code. Subsequently, Section 302 of the Indian Penal Code was also added.

It has been submitted by learned counsel for the petitioner that the petitioner is a lady and there is general and omnibus allegation against her of having assaulted the prosecution side with lathi. He further submits that the date of occurrence is 05.03.2020 and the deceased died due to cardiac respiratory failure on 19.03.2020 and, therefore, Section 302 of

Patna High Court CR. MISC. No.25362 of 2021(2) dt.07-02-2022 2/2 the Indian Penal Code is not made out against the petitioner. I have considered the aforesaid submissions.

As per the F.I.R. three persons have been assaulted. In view of the fact that the petitioner is a lady and general and omnibus allegations have been levelled against her and the deceased died of cardiac respiratory failure, the present anticipatory bail application is allowed.

Accordingly, let the petitioner above named be released on bail, in the event of her arrest or surrender before the court below within a period of ten weeks from today, 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, Naugachia, Bhagalpur, in connection with Gopalpur P.S. Case No. 67/2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Sandeep Kumar, J) Saif/- U T