Sunita Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43221 of 2017 Arising Out of PS.Case No. -478 Year- 2015 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Sunita Devi, W/o Azad Mandal,

2. Sarita Devi, W/o Mantu Mandal,

3. Pinku Devi, W/o Tungru Mandal,

4. Pooja Devi, W/o Prem Mandal, All of the resident of Village- Garhi Bishanpur, P.S.- Lakhisarai, DistrictLakhisarai. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. PPN Sahi, Adv. For the State : Mr. Dr. Kr. Uday, APP For the Informant : Mr. Arjun Pd. Keshri, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-09-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Lakhisarai P.S. Case No. 478 of 2015, disclosing offences under Sections 307, 328, 302 and 120(B)/34 of the Indian Penal Code.

The petitioners are ladies. From the First

Patna High Court Cr.Misc. No.43221 of 2017 (2) dt.21-09-2017 2/3 Information Report and other materials available on the record, it appears that the deceased boy died of consuming poison. As per the FSL report, Aluminium Phosphide (Celphos) was detected from decomposed tissues of viscera in chemical examination.

It is, however, not evident as to whether it was result of an accident because of which the deceased child consumed the 'Celphos' or someone administered it. Learned counsel for the petitioners has submitted that the petitioners' implication is only on the basis of doubt and nothing more.

Considering the submission, as above, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in connection with Lakhisarai P.S. Case No. 478 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required

Patna High Court Cr.Misc. No.43221 of 2017 (2) dt.21-09-2017 3/3 and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/- U T