Kanti Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21060 of 2016 Arising Out of PS.Case No. -20 Year- 2016 Thana -CHAKAMHESI District- SAMASTIPUR ======================================================

1. Kanti Devi W/o late Amarnath Pandey

2. Santosh Bharti@Santosh Pandey S/o late Amarnath Pandey Both Resident of Village- Saidpur, PS Chakmehsi, District Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. M.K.Khare(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-09-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioner being the mother-in-law and husband of the deceased, are apprehending their arrest in connection with Chakmehsi P.S. Case No. 20 of 2016 for the offences registered under Sections 302/34 of the Indian Penal Code.

Case dairy of the present case was called for, which has since been received.

The allegation against them is that they altogether conspired to kill the deceased lady on

account of some family feud which has been detailed in the first information report.

Learned counsel for the petitioners submits that sister of the informant had been repeatedly telling the informant that there was much torture being meted out to her and she apprehended threat to her life any more.

On the last occasion noting that in the post mortem report, there were no external injuries on the person of the deceased. This court had directed to call for the Viscera report in this case.

Today, Viscera report of the present case has been received, which clearly indicates that the victim lady died due to poisoning as the report states that Ethyl Alcohal alongwith Methyl Alcohol was detected in the contents of plastic jar which had been sent for examination. It has been stated that Ethyl Alcohol is the main intoxicating ingredient of all alcoholic beverages whereas Methyl Alcohol is highly poisonous.

In view of the Viscera report and also the

materials available in the case dairy, I am not inclined to grant anticipatory bail to the petitioners. It is accordingly, rejected.

(Anjana Mishra, J) Jagdish/- U T