Lalti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69686 of 2022 Arising Out of PS. Case No.-470 Year-2022 Thana- GHOSI District- Jehanabad ====================================================== LALTI DEVI Wife of Late Mungeshwar Manjhi R/V- Kurre, P.S- Ghosi, DistJehanabad .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamod Kumar Vidyarthi, Advocate For the Opposite Party/s :

Mr.Nitya Nand Tiwary, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Ghosi P.S. Case No. 470 of 2022 registered for the offence(s) punishable under Section(s) 302 of the Indian Penal Code. As per the prosecution, the informant's father was brutally assaulted with 'Patiya' of cot by the informant's mother (petitioner) who happens to be wife of the deceased, which caused the death of the victim.

The main submissions advanced by the learned counsel for the petitioner are that the FIR was lodged by the petitioner's own son in connection with the murder of the petitioner's husband and the FIR was lodged in misunderstanding and now the informant has realized his mistake and he has filed compromise petition before the trial court and in the instant criminal miscellaneous petition, the

Patna High Court CR. MISC. No.69686 of 2022(2) dt.21-03-2023 2/2 deponent is himself the informant and the petitioner is a lady suffering from health disease and she has been languishing in jail since 26.07.2022. Further submission is that in fact the deceased used to take alcohol and he was habitual drinker and on the fateful day of occurrence, he sustained injuries owing to falling down on the ground and the petitioner has been chargesheeted and at the present time, her case is running for trial.

Learned APP appearing for the State has opposed the bail prayer.

In view of the facts, as stated above, and mainly the facts that petitioner is a lady and against her, investigation has been completed and her case is at initial stage, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Ghosi P.S. Case No. 470 of 2022. (Shailendra Singh, J) Sanjay/- U T