Lalita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31431 of 2019 Arising Out of PS. Case No.-75 Year-2014 Thana- ROH District- Nawada ====================================================== Lalita Devi, Wife of Krishna Mahto Resident of Village - Samrigrah, P.S.- Roh, District - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad For the Opposite Party/s :

Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-05-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498-A & 494 of the Indian Penal Code.

Petitioner is said to have performed marriage with the Krishna Mahto but her husband and his first wife, namely, Laltni Devi started tormenting her over demand of Rs.2 lakhs and finally drove her out of the marital house snatching her belongings. Petitioner happens to be informant of said case but on investigation, I.O. submitted chargesheet under Section 498A & 494 IPC against the petitioner and her husband Krishna Mahto.

Learned counsel for the petitioner submitted that no such occurrence as alleged ever took place. The petitioner is

Patna High Court CR. MISC. No.31431 of 2019(2) dt.10-05-2019 2/2 quite innocent and has been falsely implicated in this case. Petitioner happens to be informant of the case under hand and she was the victim but the police in collusion with the first wife of her husband submitted chargesheet showing the petitioner as the accused in the case. Section under which the petitioner has been accused are not applicable against her. Petitioner is a lady and has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, Nawada in connection with Roh P.S. Case No.75 of 2014, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) Trivedi/- U T