Sumitra Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18033 of 2024 Arising Out of PS. Case No.-27 Year-2017 Thana- ISHUPUR BARAHAT District- Bhagalpur ====================================================== Sumitra Devi Wife Of Jai Gopal Mandal Resident Of Village - Vishal, P.S. - Ishipur Barahat, District - Bhagalpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Kumar Pandey, Advocate For the State :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-04-2024 Heard Mr. Dhananjay Kumar Pandey, learned counsel for the petitioner and Mr. Binod Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Ishipur Barahat P.S. Case No. 27 of 2017 registered for the offence under Sections 328, 304(B) and 34 of the Indian Penal Code.
3. The petitioner along with other co-accused persons are said to have tortured and assaulted the daughter of the informant due to non-fulfillment of the demand of the dowry. On 08.08.2017 the informant was informed that her daughter became unconscious on that information, the informant, her son and her husband went to matrimonial house of her daughter where they saw the dead body of her daughter lying in the courtyard.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.18033 of 2024(4) dt.26-04-2024 2/3 submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case merely on the ground that she is mother-in-law of the deceased. He further submits that the allegation as alleged is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. He further submits that the victim died due to snake bite. The petitioner is rotting in judicial custody since 21.11.2023.
5. Learned A.P.P. for the State, on the other hand, on the basis of the case diary and the materials available on the records opposes the prayer for bail of the petitioner and submits that as per the allegation in the FIR the petitioner and other family members have administered poison to the daughter of the informant due to which she died and post-mortem report as well as the FSL report also support the allegation as alleged in the FIR and FSL report suggest that "ALUMINIUM PHOSPHIDE was detected in dark brown fluid contents in one glass jar as described above. Aluminium Phosphide is commercially known as 'CELPHOS' is a severe gastro intestinal irritant. It is used as a grain preservating and is highly poisonous."
6. Considering the facts and circumstances of the case as well as the report of the trial Court, I am not inclined to enlarge the petitioner on bail in connection with Ishipur Barahat pending in the Court of learned Judicial Magistrate, 1st Class,
Patna High Court CR. MISC. No.18033 of 2024(4) dt.26-04-2024 3/3 Bhagalpur.
7. Prayer is refused.
(Rajesh Kumar Verma, J) ajay/- U T