Meera Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.73926 of 2018 Arising Out of PS. Case No.-88 Year-2018 Thana- KORANSARAI District- Buxar ====================================================== Meera Devi, Wife of Awadh Yadav, Resident of Village- Mathila Police Station- Korasarai, District- Buxar.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramchandra Singh For the Respondent/s :
Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-01-2019 Heard learned counsels for the petitioner and the State.
The petitioner, being the mother of the husband of the victim, is apprehending arrest in a case registered for the offences punishable under Sections 498A, 328 and 304B/34 of the IPC.
The prosecution case, as per the fardbeyan of Pramod Yadav recorded by S.I. Anamika Yadav, Town P.S. (Buxar) dated 21.07.2018 at 06.30 A.M. at Chhotaki Sarimpur (Buxar) to the effect that the sister of the informant, namely Chandani Devi married with Ajay Yadav, son of the petitioner, on 27.04.2018. It is alleged that on 20.07.2018 at about 09.30 P.M., the father-in-law of the victim, Chandani Devi informed the informant that his sister was in critical condition, hence he should came and meet her. Thereafter, the information went to
Patna High Court Cr.Misc. No.73926 of 2018(3) dt.15-01-2019 2/3 the in-laws house and found his sister lying on a bed, when the informant tried to talk to her, she was not in a position to talk. It is further alleged that the in-law family members used to torture the sister of the informant for non-fulfillment demand of a motorcycle. Hence, it is alleged that the informant's sister has been poison to death.
It is submitted by learned counsel for the petitioner that the acusation is omnibus and general against the petitioner. The postmortem report reflects that no injury was caused to the victim. Hence, viscera report has been kept reserved. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP after going through the case diary submits that the husband of the victim was at Bombay at the time of alleged occurrence and the petitioners, being the parents of the victim were present in the house when the victim died. However, he admits the fact that the postmortem report reflects that no injury has been caused to the victim and viscera report has been kept reserved.
Considering the fact that the accusation against the entire in-laws family of poisoning to death the victim has been levelled in the FIR, but no resisting injury has been found on the dead body of the victim, coupled with the statement made in
Patna High Court Cr.Misc. No.73926 of 2018(3) dt.15-01-2019 3/3 paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Buxar, in connection with Koransarai P.S. Case No. 88 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Dinesh Kumar Singh, J) Deepak/Rahul/- U T