CRLMB5924/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.5924/2010 Smt. Lachchhi Devi alias Laxmi Devi Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 15.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Harendra Singh, Counsel for petitioner Shri Amit Punia, Public Prosecutor #### By the Court:- Heard learned counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Contention of learned counsel for petitioner is that originally the police filed a final report in the matter against the accused-petitioner because it did not find any evidence against her for offence under Sections 498A and 304B IPC; the petitioner happens to be the wife of elder brother of deceased's husband. The complainant filed a protest petition in which his statements under Sections 200 and 202 Cr.P.C. were recorded. The learned Magistrate did not take any cognizance against the accused-petitioner; thereafter the revision petition was filed before the Court of Sessions and therein that court ordered the cognizance to be taken against the petitioner. The petitioner thereupon surrendered before the court on 11th June, 2010 and since then he is in jail; her husband on similar allegations was also arrayed as an accused in the case and he has already been granted benefit of anticipatory bail by the court of Sessions itself. Petitioner is in jail for last more than one month. Her custody is not required CRLMB5924/2010 // 2 // for any other purpose. The trial of the case would take a considerable period; there is no other case ever registered against the petitioner. Learned Public Prosecutor opposed the bail application. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Smt. Lachchhi Devi alias Laxmi Devi Wife of Sitaram on bail under Section 439 Cr.P.C., in FIR No.243/1996, Police Station Sadar, Sikar, under Sections 498A and 304B, IPC, provided she furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15000/- each to the satisfaction of the trial court for her appearance on all subsequent dates of hearing and as and when called upon to do so. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//