Patna High CourtCR. MISC./63181/2018bail granted

Lalti Devi v. The State Of Bihar

2018-12-11Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63181 of 2018 Arising Out of PS. Case No.-83 Year-2017 Thana- VENA District- Nalanda ====================================================== Lalti Devi, Wife of Guru Charan Lal Resident of Village- Sabalpur, P.S. Kachi Dargah, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Ben P.S. Case No.83 of 2017 for the offence registered under Sections 366A/34 of the Indian Penal Code. Learned counsel for the petitioner submits that though the allegled occurrence is of 15.6.2017 and F.I.R. in connection with the present case was lodged on 28.7.2017. Learned counsel for the petitioner submits that she was not named in the F.I.R., but subsequently, in the statement made on 1.8.2017 under Section 164 Cr.P.C., the name of the victim has surfaced as a result of which the petitioner is apprehending her arrest. Learned counsel further submits that the entire statement is an after thought and the statement is tutored and, therefore,

Patna High Court Cr.Misc. No.63181 of 2018(2) dt.11-12-2018 2/2 petitioner may be extended the privilege of bail. No plausible explanation has been offered by the informant for the delay in filing the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of his arrest/surrender before the learned court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. - III Biharsharif (Nalanda) in connection with Ben P.S. Case No.83 of 2017, subject t o the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) Nasimul/- U