Lalmani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1336 of 2019 Arising Out of PS. Case No.-71 Year-2012 Thana- MARAUNA District- Supaul * ====================================================== Lalmani Devi, Daughter of Narayan Mukhiya, Resident of Village- Barki Kushmaul, P.S. Marauna, District Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kuldeep Kumar, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-03-2019 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 30.8.2018 in connection with Marauna P.S. Case No. 71/2012 registered for the offences punishable under Sections 328/302/34 of the Indian Penal Code.

Admittedly, petitioner happens to be the wife of deceased, who died at parental house of petitioner. The viscera report of dead-body of deceased reveals that Thimet was found in viscera of the deceased but no other poisonous thing was detected.

It would appear from perusal of case diary, that in course

Patna High Court CR. MISC. No.1336 of 2019(4) dt.29-03-2019 2/3 of investigation, co-villagers of the petitioner disclosed that in the night of the alleged occurrence, the mother of petitioner went to the respective houses of co-villagers and sought their help for treatment of the deceased, whose condition was serious. Furthermore, the co-villagers disclosed that foul smell was coming out from the vomiting of the deceased. The informant as well as his other family members claimed that the deceased along with petitioner had returned from Delhi and had kept Rs. 50,000/- at the house of petitioner and petitioner as well as her other family members gave poison to deceased with an object to grab the above stated Rs. 50,000/-.

The investigation of this case has already been completed and the charge-sheet has already been submitted against the petitioner. Admittedly, none of the prosecution witnesses claimed to have seen the petitioner as well as other accused providing poison to deceased.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Mr. K.K. Deo, Judicial Magistrate,

Patna High Court CR. MISC. No.1336 of 2019(4) dt.29-03-2019 3/3 Supaul/concerned court in connection with Marauna P.S. Case No. 71/2012.

(Hemant Kumar Srivastava, J) Spd/- U T