Leela Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59619 of 2021 Arising Out of PS. Case No.-176 Year-2014 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Leela Devi W/O Late Suresh Paswan Resident Of Village - Chakar Laxmisagar, P.S.- L.N.M.U., Distt.- Darbhanga. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivendra Kumar Sinha- Advocate For the Opposite Party/s :
Mr. Rabindra Kumar- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-03-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with L.N.M.U. P. S. Case No.176 of 2014, instituted for the offences under Sections 341, 342, 323, 326, 504, 506, 34 of the Indian Penal Code and later on, Section 302 of the I.P.C. was also added. The learned counsel for the petitioner submits that the petitioner is in custody since 29.07.2021, he is a person with clean antecedent, charge-sheet has been submitted in this case and is a woman.
The learned counsel for the petitioner further submits that the informant alleges that Puja Kumari came to the house of informant and asked her daughter (deceased) to accompany her
Patna High Court CR. MISC. No.59619 of 2021(2) dt.10-03-2022 2/3 to Kathalbari, but her daughter refused. Further, Puja Kumari left taking the mobile of her daughter and when after few days, the victim saw her mobile in hand of Puja, she alleged that she committed theft onn which the accused persons came to the house of the informant and petitioner and Puja caught the victim and Jitu poured kerosene oil and set the victim on fire injuring her and accordingly, she was taken to hospital for treatment. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. From perusal of the allegation as alleged, it would manifest that the petitioner is alleged to have caught the deceased along with Puja and Jitu is alleged to have set her ablaze by pouring kerosene oil.
The learned counsel further submits that the deceased was discharged from P.M.C.H. and while she was coming back home, she died on the way and the cause of death was septicemia and not the burn injury. The learned counsel further submits that during the course of investigation, it has come that the deceased committed suicide as she was in relationship with her servant, which was being objected by her parents and the informant took the same as an opportunity to falsely implicate the petitioner. The learned counsel further submits that the
Patna High Court CR. MISC. No.59619 of 2021(2) dt.10-03-2022 3/3 informant realizing her mistake has also filed a compromise petition in the learned Court below (Annexure-2). Learned A.P.P. opposes the bail application.
Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in this case and is a woman and taking into consideration the submissions made by the learned counsel for the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-8, Darbhanga in connection with L.N.M.U. P. S. Case No.176 of 2014.
The application stands allowed.
(Satyavrat Verma, J) vikash/- U T