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Patna High CourtCR. MISC./35257/2014disposed

Neelam Devi And ANR. v. The State Of Bihar

2015-02-202 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35257 of 2014 Arising Out of PS.Case No. -72 Year- 2012 Thana -GARKHA District- SARAN ======================================================

1. Neelam Devi, wife of Ramesh Singh.

2. Ramesh Singh, son of Late Nand Singh.

Both resident of Village- Hakma, P.S.- Garkha, District- Saran. .... .... Petitioners.

Versus

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

For the Petitioners : Mr. Binod Kumar Mishra, Adv. For the Opposite Party : Mr. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 20-02-2015 Learned counsel for the petitioners states that petitioner no.2-Ramesh Singh has been arrested. As such, he does not press this application in so far as petitioner no.2 is concerned. The petitioner no.1 is a lady and apprehends her arrest in connection with Garkha P.S. Case No.72 of 2012 instituted under Section-302/34 of the Indian Penal Code. It is pointed out in the F.I.R. itself that the petitioners had informed the informant that his nephew has consumed poison. Thereafter, the informant reached the doctor's clinic and his nephew died within 10 minutes.

It is alleged that the petitioners have administered the

Patna High Court Cr.Misc. No.35257 of 2014 (02) dt.20-02-2015 2/2 poison, whereas the F.S.L. report supports that the deceased has consumed Celphas. It is only on suspicion and surmises that his nephew has been poisoned petitioners have been falsely implicated in this case.

Be that as it may, in the event of arrest or surrender within four weeks from today, petitioner no.1, namely, Neelam Devi, shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Chapra in connection with Garkha P.S. Case No.72 of 2012, subject to all conditions as laid down in Section-438(2) of the Criminal Procedure Code.

(Navaniti Prasad Singh, J.) Trivedi/- U T