Lila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20622 of 2023 Arising Out of PS. Case No.-3 Year-2021 Thana- JHANJHARPUR District- Madhubani ====================================================== LILA DEVI W/O VIJAY SAH @ LADDU SAH R/O VILLAGEKANHAULI, WARD NO. 6, P.S-JHANJHARPUR, DISTRICTMADHUBANI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Sharma, Sr.Adv.
Mr. Lakshmi Kant Sharma Mr. Akshay Ashish For the Opposite Party/s :
Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.
25-07-2023 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offence under Sections 447, 448, 341, 323, 354, 302, 504/34 of the Indian Penal Code.
3. The allegation in the F.I.R. is that this petitioner alongwith other accused persons badly assaulted informant's husband Lalit Sah and other family members, including informant, on account of which, husband of informant was taken to a hospital in Darbhanga and from where, he was referred to P.M.C.H., Patna, and during course of treatment at P.M.C.H., Patna the husband of informant succumbed to his injuries.
Patna High Court CR. MISC. No.20622 of 2023(3) dt.25-07-2023 2/3
4. It is submitted on behalf of petitioner that petitioner is own sister of the deceased (Lalit Sah) and the informant has lodged this case with malafide intention. As per F.I.R. itself, specific accusation of assault is against co-accused Vijay Sah. So far as this petitioner is concerned, this petitioner alongwith other co-accused persons assaulted the son of informant. The F.I.R. has been lodged after a delay of 11 days and there is no plausible explanation of delay, which itself creates doubt over the prosecution case. Thrust of the accusation is against coaccused Vijay Sah, who is already in custody. Petitioner has got clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
6. Considering the fact that specific accusation of assault to deceased is against co-accused Vijay Sah and petitioner is lady, having clean antecedent, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. 1st Jhanjharpur, District Madhubani in connection with Sessions Trial No. 232 of 2021, arising out of Jhanjharpur P.S. Case No. 03 of 2021,
Patna High Court CR. MISC. No.20622 of 2023(3) dt.25-07-2023 3/3 subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay/- U T