Lalita Devi @ Kumari Lalita v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85345 of 2023 Arising Out of PS. Case No.-209 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== LALITA DEVI @ KUMARI LALITA WIFE OF ASHOK CHAUDHARI RESIDENT OF VILLAGE- RASHALPUR, PS- BHAGANPUR DISTTBEGUSARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Yadav, Advocate For the Opposite Party/s :
Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-01-2024 Heard the parties.
2. The petitioner is apprehending her arrest in connection with Teghra P.S. Case No. 209 of 2019 for the offence under Sections 304B, 201 and 34 of the I.P.C. and 3/4 of the Dowry Prohibition Act. lodged on 05.06.2019 by the informant, Ram Pravesh Singh.
3. As per the prosecution story, the allegation is that the informant daughter was married to one Jota Singh and was tortured for dowry and later he got information that she is missing along with her daughter. He had apprehension that they have been killed. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that she is maternal aunt, nothing to do with the matter and
Patna High Court CR. MISC. No.85345 of 2023(2) dt.29-01-2024 2/3 unnecessarily dragged in the case. Further, similarly situated coaccused Nandu devi has been granted anticipatory bail vide order dated 28.11.2019 in Cr. Misc. No. 62635 of 2019.
5. Learned APP opposes the prayer stating that the matter is of the year 2019 and she has belatedly knocked the doors of the Court. To this, learned counsel for the petitioner submits that she had no knowledge about her implication and only because of that, she failed to approach the Court in time.
6. Considering the fact that the petitioner is a lady, the maternal aunt, do not have criminal antecedent and as undertaken, she will be cooperating in the trial, this Court is inclined to extend her the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, 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, Begusarai in connection with Teghra P.S. Case No. 209 of 2019 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. subject to the following conditions:
(i) one of the bailor should be the family member of
Patna High Court CR. MISC. No.85345 of 2023(2) dt.29-01-2024 3/3 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;
(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.
8. With the aforesaid observations, the anticipatory bail application is allowed.
(Rajiv Roy, J) Adnan/- U T