Priya Kumari v. The State Of Bihar

Patna High Court Cr.Misc. No.51207 of 2016 (2) dt.19-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51207 of 2016 Arising Out of PS.Case No. -21 Year- 2016 Thana -NAWAKOTHI District- BEGUSARAI ======================================================

1. Priya Kumari, Daughter of Ram Kumar Mahton, Resident of VillageChaka, P.S.- Nawakothi, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pritish Kumar Lal For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends her arrest in connection with Nawakothi P.S. Case No. 21 of 2016 registered under Sections307 and other allied sections of the Indian Penal Code. There is suspicion that petitioner and other in-laws of the informant poisoned her son to death. Allegation is that she was provided an apple by the grand-mother and the Bua and after consumption thereof, the condition of her son deteriorated, wehreafter all family members carried him to the Nursing Hospital, where he was declared dead.

Learned counsel for the petitioner submits that allegations have been levelled merely on basis of suspicion. It is

Patna High Court Cr.Misc. No.51207 of 2016 (2) dt.19-12-2016 further submitted that during investigation the informant herself has stated that in view of influence of her family members, she had lodged the case. It is further submitted that other family members have been granted bail by this Hon'ble Court vide Cr. Misc. Nos. 26776 of 2016 and 36127 of 2016.

Considering the facts and circumstances of the case specially the fact that informant has herself said that the case was lodged due to pressure of her family, the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Vineet Kumar Singh, Judicial Magistrate, 1st Class, Begusarai in connection with Nawakothi P.S. Case No. 21 of 2016 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Manish/- U T