Lalita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52828 of 2015 Arising Out of PS.Case No. -208 Year- 2014 Thana -PALIGANJ District- PATNA ======================================================

1. Lalita Devi, wife of Prabhu Dayal Singh, resident of village- Naadi, Police Station- Karpi, District- Arwal.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay, Adv For the Opposite Party/s : Mr. A.M.P. Mehta (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-12-2015 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Paliganj P.S. Case No. 208 of 2014 for the offences alleged under Sections 341, 323, 307, 498A, 201/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act and later on Section 306 was also added in this case.

The petitioner is the married Nanad of the husband of the victim. The accusation in the prosecution story is of killing the daughter of the informant within one and a half years of her marriage for non fulfillment of dowry demand. It has been submitted by the learned counsel for the petitioner that during investigation, it transpired that the victim

Patna High Court Cr.Misc. No.52828 of 2015 (2) dt.18-12-2015 was caught hold by her husband as a result of which she committed suicide. None were present in the house at that time. It has been submitted that on conclusion of investigation the petitioner was not sent up for trial but differing with the final form, cognizance has been taken. It has further been submitted that a co-ordinate bench of this Court had granted the privilege of anticipatory bail to the mother-in-law of the victim girl in Criminal Miscellaneous No. 50813 of 2015 dated 03.11.2015.

Considering the fact that the accusation against the petitioner was not found to be true during investigation and the petitioner being a lady, let the petitioner, namely Lalita Devi in the event of her arrest/surrender before the Court below within a period of six weeks from today, be released on bail on furnishing of the bail bonds of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Danapur, Patna in connection with Paliganj P.S. Case No. 208 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nilu Agrawal, J) Ranjan/- U