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Patna High CourtCR. MISC./30557/2015dismissed

Urmila Devi v. The State Of Bihar

2015-10-07Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30557 of 2015 Arising Out of PS.Case No. -48 Year- 2015 Thana -GAUNAHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Urmila Devi Son of Ravindra Sah Resident of Village - Belwa Bahuari, P.S.- Gaunaha, District - West Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Adv. For the Opposite Party/s : Mr. Ambika Bhagat (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-10-2015 Heard both sides.

The petitioner apprehends her arrest in Gaunaha P.S. Case No. 48/2015, registered for the offences punishable under Sections 328, 302 and other Sections of the Indian Penal Code. The informant got telephonic call that his daughter Soni Kumari is lying unconscious in the house of Bittu Sah, son of Ravindra Sah. The informant went there and saw the dead body of his daughter. The petitioner is the wife of Ravindra Sah and in his house the dead body was found.

Dr. Amrendra Kumar, learned counsel for the petitioner submits that the petitioner was not present on the date of occurrence. She had gone to Gorakhpur for her treatment.

Patna High Court Cr.Misc. No.30557 of 2015 (3) dt.07-10-2015 2/2 It is further submitted that the informant did not make his further statement and in para 82 of the case diary, the informant gave a written statement alleging that while he was serving in the police, he arrested two persons namely, Ramesh and Manoj, and Ramesh and Manoj in collusion with the petitioner and her family members poisoned his daughter to death. The doctor did not find any external or internal injury. Viscera is kept reserved. FSL report is awaiting.

Learned counsel for the informant as well as learned Additional P.P., however, opposed the prayer for bail. Having considered the facts that the dead body of the daughter of the informant is recovered from the house of the petitioner, I did not find the case fit for anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Rakhi/- U T