Lalita Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14443 of 2018 Arising Out of PS.Case No. -887 Year- 2017 Thana -KHAGARIA District- KHAGARIA ======================================================
1. Lalita Devi, W/o Gyan Prakash Sah,
2. Birju Kumar S/o Gyan Prakash Sah,
3. Ram Kumar S/o Gyan Prakash Sah, R/o Village- Baluahi, P.S.- Khagaria, District- Khagaria.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Gupta For the Opposite Party/s : Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Khagaria P.S.Case no.887 of 2017 registered for offences punishable under Sections 341, 147, 342, 323, 504, 506, 353, 332 of the Indian Penal Code.
Petitioner no.1 (Lalita Devi) has already been granted bail, vide order date 6.4.2018 passed in Cr. Misc. No.14443 of 2018 and allegation as per FIR against the petitioner nos. 2 Birju Kumar and 3. Ram Kumar is that along with the other accused persons they confined the police in the house and locked the house while the police had gone to the house of the petitioners in course of investigation and petitioner nos. 2 and 3 are family members.
Patna High Court Cr.Misc. No.14443 of 2018 (3) dt.16-05-2018 2/2 Submission of the learned counsel for the petitioner is that the police has not traced out the son of the petitioner which was traceless and instead of that lodged a false and concocted case. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of the anticipatory bail to the petitioner nos. 2 and 3 rather let the petitioner Nos. 2 and 3 surrender before the learned court below within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on the basis of materials available on the record.
With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T