Lilabati Devi @ Lilawati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35758 of 2023 Arising Out of PS. Case No.-56 Year-2023 Thana- GAURICHAK District- Patna ====================================================== 1.
Lilabati Devi @ Lilawati Devi Wife of Sidhnath Malakar, R/o Village & P.O.- Kandap P.S.- Gourichak Dist- Patna.
2.
Doli Kumari D/o- Sidhnath Malakar, R/o Village & P.O.- Kandap P.S.- Gourichak Dist- Patna.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandan Kumar Kashyap, Adv.
For the Opposite Party/s :
Mr. Vinod Shanker Modi, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-06-2023 Let the defect(s), if any, be removed within two weeks from today.
2. Heard learned counsel for the petitioners and learned A.P.P. for the State.
3. The petitioners seek regular bail in connection with Gourichak P.S. Case No.56 of 2023 dated 26.01.2023, lodged under Sections 147, 341, 323, 307, 325, 302, 506 of the Indian Penal Code.
4. As per prosecution case, the F.I.R. has been lodged against five named accused persons including the present petitioners in which allegation of assaulting the father of informant is there, due to which death has been caused.
Patna High Court CR. MISC. No.35758 of 2023(2) dt.24-06-2023 2/3
5. Learned counsel for the petitioners submits that petitioners are female, their antecedent is clean, they are in custody since 27.01.2023 and chargesheet has already been filed in this case. He further submits that petitioners side and informant side both are neighbourer and well known to each other. He also submits that for the same date and place of occurrence, there are case and counter case, the case which has been filed by the informant side is Gourichak P.S. Case No.56 of 2023 in which petitioners are seeking bail and the case which has been filed by the petitioners side is Gourichak P.S. Case No.59 of 2023 for the same occurrence. Learned counsel submits that the allegation against the petitioners upon the deceased is to assault by bricks in his stomach whereas specific allegation is against Sidhnath Mali who assaulted the father of informant by lathi on his head. He also submits that this dispute is the result of heat discussion taken place between the two family on the spur of the moment.
6. Learned counsel for the State opposes the prayer for bail.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/-
Patna High Court CR. MISC. No.35758 of 2023(2) dt.24-06-2023 3/3 (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Patna City, Patna in connection with Gourichak P.S. Case No.56 of 2023, subject to the conditions as laid down under Section 437(3) of Cr.P.C.
8. With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) Ritik/- U T