Rina Devi @ Rina Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10240 of 2019 Arising Out of PS. Case No.-52 Year-2018 Thana- PATEPUR District- Vaishali ====================================================== RINA DEVI @ RINA KUMARI, aged about 30 years, Sex-Female, Wife of Dharmendra Singh, Resident of Village - Afjalpur Puraina, P.S.- Patepur, District - Vaishali.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Anish Chandra, Advocate.

For the State :

Mrs.Indu Kumari Srivastava, A.P.P.

For the Informant : Mr. Binod Kumar, Advocate. CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2019 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. The petitioner is languishing in custody since 03.11.2018 in a case for the offence registered under Sections 328 and 302 of the IPC.

The prosecution story, in brief, is that Rina Devi sister-in-law (Gotani) of the informant called the son of the informant Ayush Kumar with the help of Anshu and Kallu for seeing T.V. and also she took the son of the informant and administered something to her child and thereafter her son started weeping. After sometime, her child became unconscious then she provided medical treatment from a private doctor

Patna High Court CR. MISC. No.10240 of 2019(8) dt.19-07-2019 2/3 thereafter taken to Child Care and on 28.02.2018 she admitted her son in N.M.C.H. where he died on 01.03.2018 during treatment.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The allegation is that the petitioner had administered something to the deceased. The informant suspected that poison has been administered to the deceased by the petitioner. F.S.L. report was called for. The following is the finding of F.S.L. report.

"No Metallic, Alkaloidal, Glycosidal, Pesticidal and Volatile Poison could be detected in the contents of glass jar as described above."

On behalf of the learned counsels for the State and the informant, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.

Patna High Court CR. MISC. No.10240 of 2019(8) dt.19-07-2019 3/3 X, Vaishali at Hajipur, in connection with Patepur P.S. Case No. 52/2018.

The petitioner is directed to co-operate during trial. (Sudhir Singh, J) U.K./- U T