Urmila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36830 of 2022 Arising Out of PS. Case No.-21 Year-2022 Thana- CHANDAUTI District- Gaya ====================================================== Urmila Devi Wife of Late Arjun Choudhary Resident of Village-Nagina Bigha, P.S.-Chandauti, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Chandauti P.S. Case No. 21 of 2022 registered for the offence under Sections 328/302/34 I.P.C.

The accused/petitioner is named in the F.I.R. and is in custody since 25.01.2022.

The allegation against the petitioner is to commit murder of husband of informant by administering poison along with toddy.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.36830 of 2022(4) dt.03-11-2022 2/3 submitted that death of husband of informant was caused due to excess consumption of country made liquor and due to neighbourhood disputes and differences the petitioner has been falsely implicated in present case. It is further submitted that as it is apparent from the face of F.I.R. itself that it is a case of consumption of country made liquor. It is also submitted that informant is not an eye witness of the occurrence and the entire implication is based upon suspicion, where allegation is very much general and omnibus against this petitioner. While concluding the argument, it has been submitted that petitioner is a lady and moreover, investigation of this case has been completed, where charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as allegation of administering poison is very much general and omnibus against this petitioner, where informant is not eye-witness of the occurrence coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Chandauti P.S. Case No. 21 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.36830 of 2022(4) dt.03-11-2022 3/3 amount each to the satisfaction of learned A.C.J.M. III, Gaya/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

Presence of I.O. of this case is dispensed with. (Chandra Shekhar Jha, J) Archana/- U T