Patna High CourtCR. MISC./33297/2023bail granted

Lalita Devi v. The State Of Bihar

2023-07-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33297 of 2023 Arising Out of PS. Case No.-158 Year-2021 Thana- SONBERSHA RAJ District- Saharsa ====================================================== Lalita Devi Wife Of Late Narayan Yadav Resident Of Village- Gangjala, Ward No. 18, Ps- Saharsa, Distt- Saharsa ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Viveka Nandsingh, Advocate For the Opposite Party :

Mr.Nirmal Kumar Sinha, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-07-2023 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.

3. Informant has raised suspicion that his son was killed by all the FIR named accused persons including the petitioner.

4. Learned counsel appearing for the petitioner submits that the petitioner is a lady and due to pending land dispute, only suspicion has been made against the petitioner and no direct or indirect evidence has come against the petitioner during course of investigation to show his complicity in the occurrence. Informant is not eye witness of the occurrence. Police after investigation submitted final form against the

Patna High Court CR. MISC. No.33297 of 2023(2) dt.24-07-2023 2/2 petitioner but the Court below differing with the same took cognizance of the offence.

5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, 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 Judicial Magistrate 1st class Saharsa in Sonbarsa Raj Police Station Case No. 158 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T