Lila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55001 of 2022 Arising Out of PS. Case No.-168 Year-2016 Thana- DHURAIYA District- Banka ====================================================== Lila Devi, aged about 70 years, Female, Wife Of Premlal Mandal, R/O Village- Nasrat Khani, P.S.- Nath Nagar, District- Bhagalpur. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party :

Mr. Shantanu Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2022 Learned counsel for the petitioner is permitted to make necessary correction in paragraph no. 11 of the bail application, in course of the day.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defect (s), as pointed out by the office, within a period of four weeks.

The petitioner seeks bail in connection with Dhoraiya P.S. Case No. 168/2016, registered for the offence under Sections328, 302/34 of the I.P.C. in which cognizance has been

Patna High Court CR. MISC. No.55001 of 2022(2) dt.21-12-2022 2/3 taken under Sections 306/34 of the I.P.C.

The prosecution case, in brief, is that the petitioner and her husband Premlal Mandal fed poisonous sweets to the wife of the informant, namely, Bega Devi, due to which, she died.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.07.2022. She has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to land dispute between the parties. The deceased is the sister-in-law (Gotani) and also own sister of the petitioner. Cognizance has been taken under Section 306 of the I.P.C. There is no circumstantial evidence to show that the petitioner is an abettor.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-Ist, Banka, in connection with

Patna High Court CR. MISC. No.55001 of 2022(2) dt.21-12-2022 3/3 Dhoraiya P.S. Case No. 168 of 2016.

(Sudhir Singh, J) U.K./- U T