Lalmani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23123 of 2019 Arising Out of PS. Case No.-393 Year-2018 Thana- TEKARI District- Gaya ====================================================== LALMANI DEVI, aged about 65 years, female, W/o Suresh Sharma @ Suresh Prasad Singh R/o village- Mahmadpur, P.S.- Tekari (Panchananpur O.P), District- Gaya ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shakti Suman Kumar, Advocate For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 324, 326, 307, 498A/34, 120B of the Indian Penal Code and later on Section 302 of the Indian Penal Code was added registered in connection with Tekari (Panchananpur) P.S. Case No. 393 of 2018.

3. It is submitted that the petitioner has been falsely implicated merely because she happens to be the mother-in-law of the deceased. It is submitted that the deceased were married to the petitioner's son in the year 2002 and no accusation of cruelty and torture has been made against the petitioner in the past. After due investigation, the police has submitted chargesheet under Sections 306, 493, 494 and 34 of the Indian Penal Code treating as it is a case of suicide by the deceased. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from

Patna High Court CR. MISC. No.23123 of 2019(2) dt.12-04-2019 2/2 the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial MagistrateVI, Gaya in connection with Tekari (Panchananpur O.P.) P.S. Case No. 393 OF 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make herslef available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall be well represented in Court on each and every date during trial except as and when directed by the learned Court to be physically present, and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T