Sumitra Kuar And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14774 of 2016 Arising Out of PS.Case No. -3 Year- 2016 Thana -UPHARA DistrictAURANGABAD =====================================

1. Sumitra Kuar, W/o Late Mohan Yadav.

2. Viranti Devi, W/o Papu Yadav.

Both Resident of Village - Harigawn, P.S. - Ophara, District - Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ram Narayan Mahto, Adv. For the Opposite Party/s : Mr. M.K. Nirala (APP) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-05-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Uphara P.S. Case No.03 of 2016, disclosing offences under Sections 302, 201, 328 and 134 of the Indian Penal Code.

Petitioner No.1 is the mother-in-law of the deceased, whereas, petitioner No.2 is the wife of the

Patna High Court Cr.Misc. No.14774 of 2016 (2) dt.03-05-2016 2/3 brother of the husband of the deceased. The deceased was married to the son of petitioner No.1, admittedly, 10 years before the date of occurrence.

From the First Information Report, it appears that merely on the basis of suspicion that accused persons might have administered poison, leading to death of the deceased, the present First Information Report has been instituted.

Considering the facts and circumstances of the case, this application is allowed. Let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned learned Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad, in connection with Uphara P.S. Case No.03 of 2016, corresponding to G.R. No.41 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners, abovenamed, shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to

Patna High Court Cr.Misc. No.14774 of 2016 (2) dt.03-05-2016 3/3 appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J.) Praveen-II/- U T