Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7631 of 2015 Arising Out of PS.Case No. -626 Year- 2014 Thana -PURNEA SADAR District- PURNIA ====================================================== Rekha Devi wife of Sri Lakhan Das, resident of village-Gudari Tola, Belouri, P.S. Mufassil, District-Purnea.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 23-06-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 323, 328, 302 and 34 of the Indian Penal Code.

The allegation against the petitioner is that she along with her husband assaulted the deceased while she protested cutting of branch of a tree and further allegation is that in the evening at about 6 P.M. the petitioner along with her husband and three others administered Thimat to the deceased. She was taken to the hospital where she died.

It is submitted by the learned counsel for the petitioner that petitioner is a lady and there is no specific allegation of overt act against her. She has no criminal antecedent and has been in custody since 18.12.2014 Learned counsel for the State submits that there is specific allegation of overt act against the petitioner. The petitioner is involved in both the occurrence. The daughters of the deceased are the eye witnesses to the occurrence. The Forensic Science Laboratory report

Patna High Court Cr.Misc. No.7631 of 2015 (7) dt.23-06-2015 2 / 2 also suggests that the deceased died due to administering of Aluminium Phosphide which is commercially known as 'Celphos'. It is a highly poisonous substance.

Considering the facts and circumstances of this case, in my opinion, the petitioner does not deserve bail. Prayer for bail is rejected at this stage. (Amaresh Kumar Lal, J) sudip/- U T