Lalita Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.42249 of 2018 (2) dt.19-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42249 of 2018 ======================================================

1. Lalita Devi, Wife of Rama Ji Singh, Resident of Village- Makhanu, Police Station- Pachrukhi, District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-07-2018 Heard both sides.

The petitioner apprehends her arrest in Maharajganj P.S. Case No.189 of 2017 registered under Sections 302, 120(B), 34 of the Indian Penal Code.

The mother of the deceased alleged that she got information that her son, Niraj Kumar was stabbed to death by Ashok Prasad @ Vikash Prasad. When the informant came to hospital, she found the dead body of her son lying in the hospital. Archana Kumari, her father, Rama Ji Singh and mother, Lalita Devi were also there. The informant alleged that marriage of Archana Kumari was settled with Ashok Prasad but she was not willing to marry with Ashok Prasad rather she was willing to marry with deceased, Niraj Kumar.

Patna High Court Cr.Misc. No.42249 of 2018 (2) dt.19-07-2018 The learned counsel for the petitioner submits that the petitioner is the mother of Archana Kumari. The eyewitness of the occurrence informed the informant about the killing of her son by Ashok Prasad but the informant only suspected the hands of the petitioner who happens to be mother of Archana Kumari on the ground that Archana Kumari was willing to marry with the deceased.

Considering the facts aforesaid that there is no allegation against the petitioner and the petitioner is a lady, the petitioner, above named, in the event of her arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Siwan in connection with Maharajganj P.S. Case No.189 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T