Lalti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22679 of 2018 Arising Out of PS. Case No.-544 Year-2017 Thana- MANER District- Patna ====================================================== Lalti Devi Wife of Binda Rai, Resident of Village-Molanipur, P.S.-Maner, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends her arrest in Maner P.S. Case No.544 of 2017 instituted for the offence under Section(s) 302/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is mother-in-law of the informant. Learned counsel for the petitioner has further submitted that informant is not an eye-witness of the occurrence. The instant case has been filed due to property dispute between the informant and her father-in-law.

In the written report it is alleged that her father-in-law Binda Rai with other accused persons including this petitioner has assaulted her husband and elder son aged about 10 years. The elder son of the informant received injury on his head and she had gone for treatment in Maner hospital. She learnt during treatment that her husband was done to death by petitioner and other accused persons. It is alleged

Patna High Court Cr.Misc. No.22679 of 2018(3) dt.24-08-2018 2/2 that when she returned to her house she found a rope around the neck of her husband and he was already dead.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Maner P.S. Case No.544 of 2017, she 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 Judicial Magistrate 1st Class, Danapur, subject to the conditions as laid down under Section 438(2) 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 tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) shyambihari U T