Lalita Devi @ Lalita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54537 of 2018 Arising Out of PS. Case No.-18 Year-2018 Thana- DAWATH District- Rohtas ====================================================== Lalita Devi @ Lalita Kumari W/o Dhanjee Ram, R/o Vill.- Dewadhi, P.S.- Dwath , District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Pandey For the Opposite Party/s :

Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections 147, 323, 341, 302, 120(B) of the Indian Penal Code.

The prosecution case, in short, is that the accused persons including the petitioner assaulted the informant's father with lathi, danda, due to which he died.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Both the parties are agnates. As per the allegation in the F.I.R., the petitioner and others are alleged to have assaulted the deceased

Patna High Court Cr.Misc. No.54537 of 2018(2) dt.01-10-2018 2/2 with lathi and danda. From perusal of the postmortem report, it appears that there is no external injury on the body of the deceased. Cause of death is suspected to be cardiac arrest. The postmortem report does not corroborate the allegations made in the F.I.R. Due to property dispute, the present case has been instituted against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six 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 S.D.J.M., Bikramganj, Rohtas in connection with Dawath P.S. case No.18 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T