Lalita Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26649 of 2018 Arising Out of PS. Case No.-62 Year-2017 Thana- ALOULI District- Khagaria ======================================================

1. Lalita Devi, W/o Rajesh Mahto, R/o Vill.- Sampa, P.S.- Naw Kothi, District- Begusarai.

2. Babita Devi W/o Sanjay Mahto, R/o Vill.- Kharag Chak, P.S.- Bakhari, District- Begusarai. present residing of house no.N2 Top Floor, D.D.A.J.J. Colony, Raghubir Nagar, Tagore Garden, P.S.- Raghubir Nagar, Distt.- North East Delhi, New Delhi -110027.

Permanent Address of Both the Petitioner as per F.I.R. - R/o Vill.- Chhoti Simraha, P.S.- Alauli, Distt.- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prerana Pandey, Adv.

For the Opposite Party/s :

Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-05-2018 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Alauli P.S. Case No. 62 registered for offences under sections 304(B), 302/34 of the Indian Penal Code.

An allegation has been made that the victim was confined along with her baby in a room and the accused persons set them on fire in the closed room from outside. On alarm by the victim, the nearby persons came for her treatment. During treatment, the victim lady died.

Learned counsel for the petitioners submits that the

Patna High Court Cr.Misc. No.26649 of 2018(2) dt.03-05-2018 2/2 petitioners are married. He has further submitted that the petitioner no.1, Lalita Devi resides in her Sasural whereas the petitioner no.2, Babita Devi lives in Delhi and they have no concern with their brother after the death of their parents. Looking to the relationship of the petitioners and their non-living with the main accused, the husband, who is in jail, let the petitioners, namely, Lalita Devi and Babita Devi, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Alauli P.S. Case No.

62 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been cancelled.