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Patna High CourtCR. MISC./34204/2014bail granted

Geeta Gupta v. The State Of Bihar

2015-02-10Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34204 of 2014 Arising Out of PS.Case No. -122 Year- 2013 Thana -PIPRAHI District- SHEOHAR ====================================================== Geeta Gupta Wife of Late suresh Gupta R/o Village Naya Gaon, Mahuawa, P.S. Piprahi, District Sheohar .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.37822 of 2014 Arising Out of PS.Case No. -122 Year- 2013 Thana -PIPRAHI District- SHEOHAR ====================================================== Chandan Kumar son of Late Suresh Gupta resident of village - Naya Gaon, Mahuawa, P.S. Piprahi, District - Sheohar .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.34204 of 2014) For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

(In Cr.Misc. No.37822 of 2014) For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-02-2015 Heard both sides.

Petitioner Geeta Gupta in Cr. Misc. No. 34204/2014 and petitioner Chandan Kumar in Cr. Misc. No. 37822/2014 apprehend their arrest in Piprahi P.S. Case No. 122/2013, registered under Sections 302, 201/34 of the Indian Penal Code. The informant alleged that one Satyendra Yadav took his son Meghnath Kumar Sah from his Darwaza. After some time, the dead body of Meghnath Kumar Sah was found in a well. The informant alleged that Satyendra Yadav, Geeta Gupta, Chandan

Patna High Court Cr.Misc. No.34204 of 2014 (2) dt.10-02-2015 2/2 Kumar and Munna Yadav mixed poison in the food given to Meghnath Kumar Sah and killed him.

Learned counsel for the petitioners submits that there is no eye witness of the occurrence. Satyendra Yadav took Meghnath Kumar Sah with him. Nobody has seen the petitioners with Meghnath Kumar Sah. In the post mortem report, the doctor has opined that that Meghnath Kumar Sah died due to asphyxia on account of drowning.

Considering the fact that the petitioners were not seen with the deceased and accused Satyendra Yadav was seen with the deceased and, except suspicion, there is no material against the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheohar in Piprahi P.S. Case No. 122/2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Dilip/- U T