Manju Devi @ Sanju Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15655 of 2022 Arising Out of PS. Case No.-509 Year-2019 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Manju Devi @ Sanju Devi wife of Ajit Chauhan Resident of Village - Basta, Police Station - Tharthari, District - Nalanda, At present residing in the house of Naresh Mahto, at Mohalla - Nala Road, Police Station - Laheri, District - Nalanda (Bihar).
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rabindra Prasad Singh, Advocate For the Opposite Party/s :
Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-07-2022 Heard learned counsel for the parties.
The petitioner is in custody in connection with Laheri P.S. Case No. 509 of 2019 under sections 328 and 302 of the Indian Penal Code.
The allegation against her in the FIR is that she poisoned the informant's brother. He subsequently died during his treatment in the PMCH.
Learned counsel for the petitioner submits that it is only on suspicion that the informant has alleged poisoning of his brother against the petitioner herein. He submits that the petitioner is ready to face trial and abide by all terms and conditions if granted her the privilege of bail.
Patna High Court CR. MISC. No.15655 of 2022(2) dt.11-07-2022 2/3 Taking into account the aforesaid fact that chargesheet stands submitted and the petitioner is in custody since 16.10.2021, this Court is inclined to grant her the privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Laheri P.S. Case No. 509 of 2019 subject to the following conditions:
(i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail her cancellation of bail by the Trial Court itself; (iii) she shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of her bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at
Patna High Court CR. MISC. No.15655 of 2022(2) dt.11-07-2022 3/3 liberty to take steps for cancellation of her bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Ravi/- U T