Lilawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26456 of 2020 Arising Out of PS. Case No.-355 Year-2017 Thana- NAUBATPUR District- Patna ====================================================== LILAWATI DEVI Wife of Vijay Singh Resident of Village- Amwan, P.S.- Bikram, District- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rama Kant Sharma, Sr. Advocate For the Opposite Party/s :

Mr. Rajkishore Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-10-2020 Heard Mr. Rama Kant Sharma, learned senior counsel for the petitioner and Mr. Rajkishore Singh, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Naubatpur P.S. Case No. 355 of 2017 registered for the offences punishable under Sections 302 and 304(B)/34 of the Indian Penal Code 1860.

The allegation against the petitioner as per the First Information Report lodged by father of the deceased is that his daughter, namely, Rakhi Kumari, was married with one Ritu Raj Singh about one and half years back and on 9.10.2017 in the night, her daughter had informed him on Mobile phone that her husband, Nanad and cousin mother-in-law i.e. petitioner herein

Patna High Court CR. MISC. No.26456 of 2020(2) dt.12-10-2020 2/3 were trying to burn her after pouring kerosene oil. It has further been alleged that on 10.10.2017 when the informant along with his son went to PMCH to see his daughter, she was found dead due to burn injury.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. Learned counsel further submits that the petitioner is cousin-mother-in-law (Phuphua Saas) of the deceased and she is residing along with husband and other family members in her matrimonial home which is situated far away from the place of occurrence. Learned counsel also submits that the statement of the informant has been recorded during course of bifurcated trial wherein he has not supported the prosecution story as would be evident from Annexure-2. Learned counsel next submits that the petitioner being an old lady is in custody since 25.01.2020. Having heard learned counsel for the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 25.01.2020, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/-

Patna High Court CR. MISC. No.26456 of 2020(2) dt.12-10-2020 3/3 (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Danapur, in connection with Naubatpur P.S. Case No. 355 of 2017.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T