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Patna High CourtCR. MISC./44332/2018bail granted

Lalita Devi@Lalita Kumari@Bhabhi Lalita Devi v. The State Of Bihar

2018-07-27Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44332 of 2018 Arising Out of PS.C.ase No. -31 Year- 2018 Thana -PUNPUN District- PATNA ======================================================

1. LALITA DEVI@LALITA KUMARI@BHABHI LALITA DEVI W/o Late Parmod Kumar , R/o Vill.- Punpur Pakri, P.S.- Punpun, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar, Advocate For the Opposite Party/s : Mr. Manoj Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-07-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends her arrest in Punpun P.S. Case No. 31/2018, instituted for the offences punishable under Section 306 of the Indian Penal Code.

In the written report, it is alleged that the informant got information that his elder brother has committed suicide. He went to the house and found that his elder brother has committed suicide by hanging himself with the help of Gamchha. Thereafter, he cut Gamchha and lowered down the dead body of his brother and informed the police.

Learned counsel for the petitioner has submitted that the petitioner is wife of the deceased. Allegation against this

Patna High Court Cr.Misc. No.44332 of 2018 (2) dt.27-07-2018 2/3 petitioner is that she is of quarrelsome nature and used to misbehave with the brother of the informant (deceased). In such manner, only suspicion has been raised against this petitioner. Other accused persons have already been granted anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 30713/2018 dated 18.05.2018.

Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Punpun P.S. Case No. 31/2018, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Masaurhi at Patna, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution

Patna High Court Cr.Misc. No.44332 of 2018 (2) dt.27-07-2018 3/3 will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J.) Rakhi U T