Patna High CourtCR. MISC./24651/2015dismissed

Seema Devi v. The State Of Bihar

2015-08-12Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24651 of 2015 Arising Out of PS.Case No. -91 Year- 2014 Thana -NAYA RAM NAGAR District- MUNGER ====================================================== Seema Devi, wife of Late Lalan Kumar, resident of Village - Parham, P.S. Naya Ram Nagar, District Munger.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate. For the Opposite Party/s : Mrs. Sahin Begum, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-08-2015 Heard both sides The petitioner seeks bail in a case under Sections 328, 302/34 of the Indian Penal Code.

The brother of the deceased alleged that Lalan Kumar had gone to his in-laws' house but his wife and other in-laws were not providing him food. He was suffering from Gastritis. Seema Devi gave him some powder as medicine but Lalan Kumar died. Learned counsel for the petitioner submits that the petitioner is a lady. There are contradictory versions in the F.I.R. and the statements of the witnesses. The petitioner happens to be the wife of the deceased. She did not bring medicine. Her brothers gave her medicine. The petitioner is in jail since 09.06.2014. The informant has only made allegation that the brothers of the wife of the deceased were not providing him food.

Patna High Court Cr.Misc. No.24651 of 2015 (3) dt.12-08-2015 2/2 The deceased disclosed to the informant that it was the petitioner Seema Devi who gave Fakki as medicine and consequently Lalan Kumar died. The F.S.L. report shows presence of Thimet. Having considered the fact that it was the petitioner who gave poisonous substance to her husband causing his death, I am not inclined to enlarge the petitioner on bail in Naya Ram Nagar P.S. Case No. 91 of 2014, corresponding to S.T. No. 30/2015. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Dilip/- U T