Nago Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79666 of 2018 Arising Out of PS. Case No.-115 Year-2018 Thana- SINGHIYA District- Samastipur ====================================================== Nago Devi wife of Late Bhairab Yadav, Resident of Village- Gopalpur, Police Station- Kusheshwar Asthan, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shekhar Kumar Singh For the Opposite Party/s :

Mr. Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 21-01-2019 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel representing the informant.

This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with Singhiya PS Case No. 115 of 2018 for the alleged offence punishable under Sections 302 and 120(B) of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is wife of the deceased. He submits that only because

Patna High Court Cr.Misc. No.79666 of 2018(3) dt.21-01-2019 2/3 of suspicion petitioner has been made accused in the instant case. Learned counsel representing the informant submits that petitioner does not deserve the privilege of bail for the reason that she concealed the fact that she was already married before joining wedlock with the deceased. Learned counsel for the informant further submits that in order to eliminate the deceased the petitioner administered poison. In the instant case, police has submitted the charge-sheet. Learned counsel for the informant admits that there is no viscera report to confirm the fact that poison was administered and the cause of death was due to poison.

Considering the fact that petitioner is in custody since 02.09.2018 having no criminal antecedent, this application is allowed. 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 Addl. Chief Judicial Magistrate- IV, Rosera, District Samastipur in connection with Singhiya PS Case No. 115 of 2018 subject to the condition that (a) petitioner shall appear before the trial court as and when required for disposal of the case and (b) if without any cogent reason petitioner fails to appear on two consecutive dates, the trial court shall be at liberty to cancel the

Patna High Court Cr.Misc. No.79666 of 2018(3) dt.21-01-2019 3/3 bail bond.

(Anil Kumar Upadhyay, J) mrl./- U T