Lukhia Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62689 of 2018 Arising Out of PS. Case No.-66 Year-2018 Thana- SHANKARPUR District- Madhepura ====================================================== Lukhia Devi, Wife of Late Hariballabh Yadav, resident of Village Raibhir Ward No. 11, P.S. Shankarpur, District- Madhepura. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar Agrawal For the Opposite Party/s :

Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-12-2018 Heard learned counsel for the parties.

Petitioner is apprehending arrest in connection with Shankarpur PS Case No. 66 of 2018 for the offence under Sections 302/34 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the petitioner is an old lady aged 77 years. She has no criminal antecedent. Referring to the statement made in paragraph-7 of the application learned counsel for the petitioner submits that the incident took place on 2nd June, 2018, FIR was registered on 03.06.2018 but the ACJM has seen the FIR on 08.06.2018. The aforesaid circumstance creates suspicion about genuineness of the prosecution case.

Considering the totality of the fact situation, in the event of arrest or surrender before the court below within a

Patna High Court Cr.Misc. No.62689 of 2018(2) dt.13-12-2018 2/2 period of one month from today, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Madhepura in connection with Shankarpur PS Case No. 66 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Upadhyay, J) mrl./- U T