Leela Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29897 of 2022 Arising Out of PS. Case No.-180 Year-2021 Thana- BIHARIGANJ District- Madhepura ====================================================== LEELA DEVI W/o Late Amindra Bhagat Resident of Village- Babhangama, Police Station- Bihariganj, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Sanjay Kumar Singh For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-11-2022 Heard learned counsel for the parties.

The petitioner apprehends her arrest in a case registered for the offence under Sections 341, 342, 302, 328, 329, 201, 506, 34 of the Indian Penal Code.

It is submitted on behalf of petitioner that due to dispute over ancestral property, a quarrel took place between petitioner and deceased and out of anger, the deceased consumed poison. During investigation, said fact has also been reiterated by some of the witnesses. It is further submitted that it is highly improbable and unnatural that a mother would kill her own son by giving him poison. Petitioner is lady and has got clean antecedent.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

Patna High Court CR. MISC. No.29897 of 2022(3) dt.24-11-2022 2/2 Considering the backdrop, in which incident occurred, and the fact that petitioner is mother of the deceased, the prayer for anticipatory bail is allowed. In the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Udakishunganj, Madhepura in connection with Bihariganj P.S. Case No. 180 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T