Lalita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82913 of 2019 Arising Out of PS. Case No.-226 Year-2019 Thana- PAHARPUR District- East Champaran ====================================================== 1.
LALITA DEVI W/o Jatta Shankar Pandey Resident of Village- Bankatwa, P.S.- Paharpur, District- E. Champaran 2.
Veena Devi W/o Rameshwar Singh Resident of Muradih uchhaka Gaw, P.S.- Govindganj, District- East Champaran.
3.
Rameshwar Singh S/o Late Banaras Singh Resident of Village- Muradih Uchhaka Gaw, P.S.- Govindganj,District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhannjay Kumar No 2 For the Opposite Party/s :
Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-12-2019 This application, for grant of anticipatory bail, arises out of Paharpur P.S. Case No. 226/19, disclosing offences under Sections 341, 323, 324, 307, 427, 504 and 506/34 of the Indian Penal Code.
Allegation against the petitioners and other is that they entered inside the house of the informant and there is further allegation that co-accused Arun Kumar Pandey assaulted the informant with iron rod and when his mother came for rescue, said Arun Kumar Pandey and co-accused Jata Shankar Pandey as well as petitioner no. 3 assaulted her due to which, she received serious injuries and died.
Patna High Court CR. MISC. No.82913 of 2019(2) dt.13-12-2019 2/3 Submission of learned counsel for the petitioners is that petitioner nos. 2 and 3 are daughter and son in law of coaccused Jatashankar Pandey and has falsely been implicated in this case. Further submission is that so far petitioner no. 1 is concerned, no specific allegation has been attributed to her. Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances, so far petitioner nos. 1 and 2, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Paharpur P.S. Case No. 226/19, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
So far petitioner no. 3 is concerned, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to petitioner no. 3 rather he should surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being
Patna High Court CR. MISC. No.82913 of 2019(2) dt.13-12-2019 3/3 prejudiced by this order.
This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) sunilkumar/- U T