Sunita Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.38534 of 2017 (2) dt.21-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38534 of 2017 Arising Out of PS.Case No. -284 Year- 2014 Thana -SUPAUL District- SUPAUL ======================================================

1. Sunita Devi W/o Guddu Paswan, Resident of Village-Chainsinghpatti, P.S. + District-Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha For the State : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Supaul P.S. Case No. 284 of 2014 instituted for the offence under Sections-328 & other minor Sections of the Indian Penal Code.

It is alleged in the written report that this petitioner mixed poison in the meals, kept in the house of the informant, when the informant had gone to cut grass in the field. It has been submitted by the petitioner that no any chemical test was done to ascertain whether poison has been mixed in the food or not. It is mentioned in the written report that the food, alleged to be mixed with poison, was shown to the police but the same was neither seized nor any seizure list was prepared by the police. Considering the facts and circumstances of the case, prayer for anticipatory bail is allowed and it is ordered that the petitioner

Patna High Court Cr.Misc. No.38534 of 2017 (2) dt.21-08-2017 named above in the event of her arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Supaul P.S. Case No. 284 of 2014 to the satisfaction of learned Additional Chief Judicial Magistrate-III, Supaul subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) A.K.V./- U T