Lilawati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54846 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ====================================================== Lilawati Devi, Wife of Jagranath Paswan, Resident of Village- Dumari Dubey Tola, P.S. Sadar, District- Muzaffarpur. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Sadar P.S. Case No. 19 of 2017, registered under Sections 448, 341, 323, 326, 307 and 504/34 of the Indian Penal Code. The accusation is that in the night of 12.01.2017, Kundan Kumar, grandson of the informant, Ram Yiyari Devi, was accompanied by Dilip Paswan, son of Jagarnath Paswan. After few minutes, informant heard the sound of Kundan Kumar then she along with mother of Kundan Kumar went there and saw that her grandson was assaulted through Hasuli
by Dilip Paswan and Jagarnath Paswan and Lilawati Devi (petitioner) caught hold her grandson Kundan Kumar. When informant and her daughter reached there then they fled away. Thereafter, Kundan Kumar was rushed to Manikshi Hospital, Muzaffarpur for treatment.
Learned counsel for the petitioner submits that, in fact, Kundan Kumar, grandson of informant, entered into the room of the petitioner and tried to commit rape on the daughter of the petitioner but on raising alarm, petitioner and other villagers woke up then Kundan Kumar started to flee away but the villagers caught hold and caused assault to him, regarding which, Muzaffarpur Sadar P.S. Case No. 18 of 2017 is instituted on the basis of the written report of Jagarnath Paswan, husband of the petitioner, but only to give undue pressure the present case has been lodged with false allegation. 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 six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, in connection with Sadar P.S. Case
No. 19 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T