Lali Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.35638 of 2017 (2) dt.08-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35638 of 2017 ======================================================

1. Lali Devi D/o Jagdish Prasad Residence of Village - Udant Rai Ke Bangara Koeri Tola, P.S. Thawe, Distt - Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sushil Kumar For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2017 The petitioner is in custody since 29.11.2016 in connection with Thawe P.S. Case No. 95 of 2016, registered for offences punishable under Sections 147, 148, 149, 323, 324, 302 and 34 of the Indian Penal Code.

Allegation against the petitioner as per the F.I.R. is that she along with other caught hold of the deceased and other accused persons have assaulted him causing his death. It has been submitted on behalf of the petitioner that the petitioner happens to be a lady who is of clean antecedent is innocent and has not committed any offence. In fact, no specific allegation of assault has been made against his petitioner rather the special allegation of giving knife blow in the left side of the chest of deceased is against one Ramtahal. Moreover, co-accused, Chhathiya Devi and Kali Devi, having more or less similar allegations, have already been granted bail by this Court vide order dated 09.02.2017 in Cr. Misc. No. 2825 of 2017 and the petitioner is rotting in custody for more than eight months.

Patna High Court Cr.Misc. No.35638 of 2017 (2) dt.08-08-2017 Heard learned A.P.P. also.

Having heard both the sides, considering the facts and circumstances of the case, as stated above, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-V, Gopalganj in connection with Thawe P.S. Case No. 95 of 2016,/ S.T. No. 162 of 2017 with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make herself available as and when required by the court and on the event of failure on her part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) brajesh/- U T