Lachia Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.42973 of 2015 (4) dt.04-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42973 of 2015 Arising Out of PS.Case No. -4 Year- 2015 Thana -PIRPAINTI District- BHAGALPUR ====================================================== Lachia Devi Wife of Rajendra Yadav R/o Village Srimatpur, P.S. Pirpainti, District Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiwesh Chandra Mishra, Adv. For the Opposite Party/s : Mr. Tapeshwar Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-01-2016 Heard both sides.

The petitioner apprehends her arrest in Pirpainty P.S. Case No. 04/2015, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code. The gist of allegation is that the petitioner developed illicit relation with Shailendra Yadav and that is why wife of Shailendra Yadav left her house. Gayatari Kumari (the deceased), daughter of Shailendra Yadav was living with him. It is alleged that Shailendra Yadav, Petitioner Lachia Devi, Rajendra Yadav, Diga Yadav @ Narendra Kumar Yadav and Maliya Kumari @ Mila Kumari assaulted Gayatri Kumari and concealed her dead body.

It is submitted that there is no eye-witness of the occurrence. The witnesses have made omnibus and general allegation that Diga Yadav, Maliya Kumari, Lachia Devi (petitioner), Rajendra Yadav and Shailendra Yadav assaulted Gayatri Kumari. Rajendra

Patna High Court Cr.Misc. No.42973 of 2015 (4) dt.04-01-2016 Yadav (husband of the petitioner), Diga Yadav and Maliya Kumari have already been enlarged on anticipatory bail vide order passed in Cr. Misc. No. 32381/2015 and Cr. Misc. No. 31309/2015 respectively. The case of the petitioner stands on the same footing. Learned Additional P.P. vehemently opposed the prayer for anticipatory bail, but at the same time could not be able to show that the case of the petitioner is different from the case of other accused persons who have already been granted anticipatory bail.

Considering the facts aforesaid, 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, 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 Sub Divisional Judicial Magistrate, Bhagalpur in connection with Pirpainty P.S. Case No. 04/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T