Lalita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.916 of 2024 Arising Out of PS. Case No.-1189 Year-2022 Thana- JAHANABAD District- Jehanabad ====================================================== Lalita Devi D/o Kapil Yadav Resident of village Dangra Milki Par, P.SJehanabad (Sikaria O.P.), District-Jahanabad at present village-Gurupatti chak, P.S-Masaurhi, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Anita Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-01-2024 Heard Mr. Arvind Kumar, learned counsel appearing on behalf of the petitioner and Ms. Anita Kumari, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Jehanabad (Sikaria O.P) P.S. Case No. 1189 of 2022 dated 17.12.2022 registered for the offence punishable under Sections 341, 323, 307, 326, 498(A)/34 of the Indian Penal Code and later on Section 304(B) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act was added.

3. As per the allegation made in the FIR, the petitioner has been alleged to be involved in commission of murder of the deceased, namely, Sweeti Kumari.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.916 of 2024(2) dt.24-01-2024 2/3 petitioner submitted that petitioner is sister-in-law of the deceased and she is married and residing separately in another village along with her husband. There is no specific allegation against her. Specific allegation of alleged commission of murder is against the husband of the deceased, namely, Guddu Kumar, who is in custody. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having heard the rival submission made on behalf of the parties, as well as, the fact that specific allegation of overt act is against the husband of the deceased, who had pour wine in the mouth of the deceased and set her on fire, which took her life. In absence of any direct allegation against the petitioner, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of her arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad, in

Patna High Court CR. MISC. No.916 of 2024(2) dt.24-01-2024 3/3 connection with Jehanabad (Sikaria O.P) P.S. Case No. 1189 of 2022 dated 17.12.2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

8. The Court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T