Lalsa Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82701 of 2024 Arising Out of PS. Case No.-206 Year-2024 Thana- JOGAPATTI District- West Champaran ====================================================== Lalsa Devi Wife of Lal Bhadur Yadav @ Lulha Yadav Resident of VillageChaumukha, PS- Yogapatti, Distt.- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar Shrivastava, Advocate For the Opposite Party/s :
Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-12-2024 Heard the parties.
2. The petitioner is in custody in connection with Yogapatti P.S. Case No. 206 of 2024 for the offence under Sections 306, 201, 120(B) and 34 of the Indian Penal Code lodged on 17.06.2024 by the informant, Ramesh Yadav.
3. As per the prosecution story, the Police got information about a lady having committed suicide after the quarrel with the relatives and the dead body is hidden in the house. Accordingly, the place was visited and the dead body was finally recovered. This led to the FIR.
4. Learned counsel for the petitioner submits that she is the aged mother-in-law, living separately, have no role to play in the alleged suicide and further, she has no contact with the husband who has still not surrendered in the case.
Patna High Court CR. MISC. No.82701 of 2024(2) dt.03-12-2024 2/3
5. Learned APP opposes the prayer for bail submitting that allegation is against all the accused persons.
6. Though the allegations are there, the charge-sheet has been submitted under Section 306 beside other sections of the IPC, the petitioner is the mother-in-law, though the husband is absconding, that cannot be a ground for keeping her in jail, in that background and taking into account that she is in custody since 18.06.2024 (paragraph-4 of the petition), this Court is inclined to extend her the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Yogapatti P.S. Case No. 206 of 2024 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial Court itself;
Patna High Court CR. MISC. No.82701 of 2024(2) dt.03-12-2024 3/3 (iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. (Rajiv Roy, J) Adnan/- U T