Nagendra Rai And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55388 of 2015 Arising Out of PS.Case No. -139 Year- 2015 Thana -HATHUA District- GOPALGANJ ======================================================
1. Nagendra Rai S/o Late Ramchandra Rai @ Ramadhar Rai
2. Baby @ Baby Devi D/o Late Ramadhar Rai @ Late Ramchandra Rai, both are Resident of Village- Chainpur P.S.- Hathua, Distt- Gopalganj. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kumari Rashmi For the Opposite Party/s : Mr. Sanjay Kr. Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 14-12-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 307 and 328/511 of the Indian Penal Code. The prosecution case is that the informant was offered tea by his wife when informant has felt something in the tea and the informant has also found same smell in the milk when he enquired then one Tamanna told that the milk was brought by petitioner no.2 when petitioner no. 2 admitted that her brother petitioner no. 1 gave her poison to mix in the milk. It is submitted by learned counsel for the
Patna High Court Cr.Misc. No.55388 of 2015 (2) dt.14-12-2015 2/2 petitioners that the petitioners are agnates of the informant and in the background of land dispute the accusation has been levelled. Moreover, the alleged tea in which poison was suspected to be mixed was neither seized nor any injury was caused to the informant.
A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Gopalganj in connection with Hathua P.S. Case No. 139 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T