Lilawati Devi @ Lalita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6740 of 2023 Arising Out of PS. Case No.-42 Year-2022 Thana- BALTHAR District- West Champaran ====================================================== Lilawati Devi @ Lalita Devi Wife Of Kishori Sah R/V- Araya Nagar, P.SBalthar, Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anant Kumar Mishra For the Opposite Party/s :
Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in connection with Balthar P.S. Case No. 42 of 2022 registered under sections 147, 148, 149, 341, 342, 323, 324, 325, 326, 332, 333, 307, 337, 338, 379, 380, 427, 353, 447, 448, 452, 302, 395, 186, 188, 201, 504, 506 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act. Later on 436 of IPC was added in this case.
As per prosecution case, altogether 357 FIR named accused persons including 100 unknown persons entered the premises of police station and set government vehicle on fire. They attacked police party on account of which some got serious injuries and one hawaldaar died on spot.
Patna High Court CR. MISC. No.6740 of 2023(2) dt.11-04-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case merely on suspicion. Her name came into light in this case on the basis of unknown sources. It is further submitted that there is no specific overt act has been attributed against her rather she is only the members of mob. Nothing specific came against the petitioner to implicate in this case. Moreover, she is languishing in judicial custody since 21.07.2022. Similarly situated several co-accused persons have already been granted bail by the different co-ordinate Bench of this Court vide order dated 29.11.2022. in Cr. Misc. No. 42801 of 2022 and order dated 05.12.2022 in Cr. Misc. No. 44899 of 2022.
The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as petitioner is lady, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Balthar P.S. Case No. 42 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.6740 of 2023(2) dt.11-04-2023 3/3 satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran.
(Sunil Kumar Panwar, J) shubham/- U T