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Patna High CourtCR. MISC./23000/2020bail granted

Saroj Devi v. The State Of Bihar

2020-10-16Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23000 of 2020 Arising Out of PS. Case No.-285 Year-2013 Thana- BEUR District- Patna ====================================================== SAROJ DEVI Wife of Late Baidhnath Yadav R/v- Paithani, Nathupur, P.S.- Beur, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Sinha For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-10-2020 Heard Mr. Vijay Kumar Sinha, learned counsel for the petitioner and Mr. Akshay Lal Pandit, learned counsel appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Beur P.S. Case No. 285 of 2013, G.R. No. 7189 of 2013 registered for the offence under Section 328 / 302 / 34 of the I.P.C. The allegation against the petitioner is that the petitioner along with other family members administered poison to the husband of the informant.

Learned counsel for the petitioner submits that the petitioner is about 70 years old and she is the mother of the deceased. Learned counsel further submits that the informant

Patna High Court CR. MISC. No.23000 of 2020(4) dt.16-10-2020 2/3 has implicated the petitioner in this case due to some dispute of land between the deceased and his brother. Learned counsel further submits that the deceased was an alcoholic and has died due to excess consumption of liquor. Learned counsel also submits that petitioner is in custody since 12.10.2019 i.e. for more than a year.

On the other hand, learned counsel for the State referring to paragraph no. 67 of the case diary submits that the grand mother-in-law of the informant has stated that petitioner and other family members have administered poison to the husband of the informant.

Having heard learned counsel for the parties and taking into consideration the materials available on record, the fact that the petitioner is the mother of the deceased and she is in custody for more than 01 year, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge-III cum A.C.J.M., Patna/court concerned in connection with Beur P.S. Case No. 285 of 2013, G.R. No. 7189 of 2013.

Patna High Court CR. MISC. No.23000 of 2020(4) dt.16-10-2020 3/3 It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) praful/- U T