Patna High CourtCR. MISC./32468/2014bail granted

Kalawati Devi v. The State Of Bihar

2015-01-21Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32468 of 2014 Arising Out of PS.Case No. -192 Year- 2006 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Kalawati Devi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sanjay Kr.Panday(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-01-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends her arrest in connection with Tr. No. 1474 of 2012 arising out of Lauriya P.S. Case No. 192 of 2006 registered for the offences punishable under Sections 302, 201, 120B of the Indian Penal Code. It is contended on behalf of the petitioner that the First Information Report in connection with the present case has been lodged on mere suspicion. There is no eye witness of the occurrence nor date of occurrence has been indicated in the FIR. The basis of lodging of entire First Information Report is mere speculation. Furthermore, the petitioner being wife of the

Patna High Court Cr.Misc. No.32468 of 2014 (2) dt.21-01-2015 2/2 deceased, is living with her four children and there is nothing on record to show that the petitioner in collusion with her paramour, had participated in the said offence. It is further submitted that the said so-called paramour, namely, Kamlesh Ram has been extended the benefit of regular bail vide order dated 18.04.2012 passed in Cr. Misc. No. 10264 of 2012. Considering the aforesaid submissions and also the fact that there is no cogent material to implicate the petitioner with the occurrence alleged, let the petitioner above named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged 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 the Judicial Magistrate, 1st Class, Bettiah, West Champaran in connection with Tr. No. 1474 of 2012 arising out of Lauriya P.S. Case No. 192 of 2006 with subject to the conditions as laid down under Section 438(2) of the Cr.P.C.