Lalita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28394 of 2022 Arising Out of PS. Case No.-390 Year-2021 Thana- KESARIA District- East Champaran ====================================================== LALITA DEVI W/o Late Lakhindra Sahani Resident of Village - Dhum Nagar, P.S. - Deveraiya, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-09-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is in judicial custody in connection with Kesariya P.S. Case No. 390 of 2021 for the offences under Sections 302/120B of the Indian Penal Code.

The informant is sister of the deceased and the petitioner is the widow of the said deceased. As per the FIR, she has alleged that her brother after selling truck returned to his in-laws house and later they got information that he is hanging from the tree. She accordingly, apprehend that the lady along with her family members killed her brother.

Patna High Court CR. MISC. No.28394 of 2022(2) dt.06-09-2022 2/3 Learned counsel for the petitioner submits that now the lady herself has become widow due to alleged suicide committed by her husband and has further been implicated as an accused and he is in custody since 09.11.2021 (as stated in paragraph-9 of the bail application). He further submits that the police has investigated the matter and submitted charge sheet under Section 306 of the Indian Penal Code. He lastly submits that the husband is no more, the wife is in jail and the future of the three children is in darkness.

Considering the fact that the police has submitted charge sheet under Section 306 of the Indian Penal Code and the petitioner (widow) is in custody since 09.11.202, this Court is inclined to grant her privilege of bail.

Let the 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 Judicial Magistrate, 1st Class, Sadar Motihari, East Champaran in connection with Kesariya P.S. Case No. 390 of 2021, subject to the following conditions.

(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

Patna High Court CR. MISC. No.28394 of 2022(2) dt.06-09-2022 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail her cancellation of bail by the Trial Court itself;

(iii) she shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of her bail bonds.

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Jagdish/NehaU T