Patna High CourtCR. MISC./13000/2020bail granted

Punam Devi v. The State Of Bihar

2020-03-03Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13000 of 2020 Arising Out of PS. Case No.-862 Year-2019 Thana- BANKA District- Banka ====================================================== PUNAM DEVI W/o Late Suresh Yadav @ Surju Yadav R/o village- Kakwara, P.S.- Banka, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-03-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Banka P.S. Case No. 862 of 2019, disclosing offence punishable under Sections 328, 302/34 of the Indian Penal Code. The petitioner is the mother-in-law of the deceased. The deceased was married to the petitioner's son nearly 10-12 years ago.

Learned counsel appearing on behalf of the petitioner, referring to the First Information Report, has submitted that merely on the basis of suspicion that the in-laws might have administered poison leading to death of the deceased, the FIR has been registered. The petitioner, who is a lady, is in custody since 28.11.2019.

Patna High Court CR. MISC. No.13000 of 2020(2) dt.03-03-2020 2/2 I find substance in submission made on behalf of the petitioner that the allegation against the petitioner in the FIR is vague and based on belief and suspicion and not on the basis of any other material.

Considering the above, this application is allowed. 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 learned Chief Judicial Magistrate, Banka in Banka P.S. Case No. 862 of 2019.

This is subject to the condition that the petitioner shall present himself before the Police/ Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Rajesh/- U T