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Patna High CourtCR. MISC./46883/2016bail granted

Lalita Devi v. The State Of Bihar

2016-12-13Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46883 of 2016 Arising Out of PS.Case No. -344 Year- 2016 Thana -MARHAWRA District- SARAN ====================================================== Lalita Devi Wife of Parsuram Rai, resident of Village- Bardahiya Tola, Paparpati, P.S. Marhowra, District- Saran.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Singh, Adv. For the Opposite Party/s : Mr. S.M. Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-12-2016 Heard both sides.

The petitioner apprehends her arrest in Marhawra P.S. Case No. 344/2016, registered for the offences punishable under Section 302 and other sections of the Indian Penal Code. The informant alleged that his father Ramanand Rai while cutting earth to flow the drain water, Parsuram Rai, Shivji Rai began to abuse the father of the informant. Thereafter, Awadhesh Rai assaulted his father with iron rod and his father fell down after becoming unconscious. The informant further named Lalita Devi (petitioner) and Rita Devi and alleged that they all assaulted Kailash Rai uncle of the informant. It is submitted that petitioner is not alleged to have assaulted Ramanand Rai (deceased). One injury was found on the

Patna High Court Cr.Misc. No.46883 of 2016 (2) dt.13-12-2016 2/2 head of the deceased Ramanand Rai. Three injuries are found on the body of Kailash Rai. All the injuries are simple in nature. Petitioner is a lady.

Considering the facts aforesaid and the fact that petitioner is a lady and she is not alleged to have assaulted the deceased, the petitioner above-named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran in connection with Marhawra P.S. Case No. 344/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T