Lalita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62745 of 2023 Arising Out of PS. Case No.-416 Year-2022 Thana- JAYNAGAR District- Madhubani ====================================================== LALITA DEVI W/O LATE SHIV NATH YADAV R/O VILLAGEKORAHIA DIH, PS. JAYNAGAR, DIST. MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Soban Asghar, Adv.

For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 341, 323, 354b, 379, 307, 504, 506/34 of the Indian Penal Code.

3. The allegation against the petitioner is that she along with other co-accused persons dragged the informant out of her house and assaulted her.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. She has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is specific allegation

Patna High Court CR. MISC. No.62745 of 2023(2) dt.16-10-2023 2/2 against co-accused Jagdish Yadav who assaulted the informant and his family members. There is case and counter case between the parties. Both sides have sustained injuries. Similarly situated co-accused have been enlarged on bail by this Court in Cr. Misc. No. 34132 of 2023 vide order dated 25.07.2023. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Jaynagar P.S. Case No. 416 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T