Lalita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32474 of 2018 Arising Out of PS.Case No. -31 Year- 2018 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ======================================================

1. Lalita Devi W/o Sh. Harendra Prashad Yadav, R/o Village- Paharpur, P.S.- Bhagbanpur, District- Vaishali, Bihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yashraj Bardhan For the Opposite Party/s : Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-07-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Bhagwanpur P.S.Case No.31 of 2018 , registered for offences punishable under Sections 302, 326, 307/34 of the Indian Penal Code.

Allegation against the petitioner is that she has caused death of her Gotani along with other accused persons. Submission of the learned counsel for the petitioner is that the FIR itself shows that it is a case of suicide and she has committed suicide with her son. After investigation, the police has recommenced for charge-sheet under Section 306 of the IPC and moreover, the petitioner is a lady. No specific allegation has been attributed against her.

Patna High Court Cr.Misc. No.32474 of 2018 (3) dt.03-07-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishalia at Hajipur in connection with Bhagwanpur )P.S.Case No.31 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

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 co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of her bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T