Chinta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29368 of 2016 Arising Out of PS.Case No. -56 Year- 2004 Thana -PATEPUR District- VAISHALI(HAJIPUR) ====================================================== Chinta Devi wife of Ram Padarath Ray, Resident of Village- Bardiha, P.S.- Patepur, Dist- Vaishali.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 328 and 302 of the Indian Penal Code and chargesheet has been submitted under Sections 306 and 341 of the Indian Penal Code.

As per F.I.R., while returning from the call of nature, one Sushila Devi gave one tablet to the deceased and after having that tablet his condition got deteriorated. The deceased was taken to the doctor where he died.

It has been submitted on behalf of the petitioner that he is in custody since 31.5.2016. Chargesheet has been submitted against the petitioner under Section 306 of the Indian Penal Code. Petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses against the petitioner. Petitioner is a lady. She is daughter-in-law of the deceased. There is no direct or indirect evidence against her. She has been made accused due to mistake of fact. From perusal of the post mortem examination report it is evident that there is no external injury on the body of the deceased.

Patna High Court Cr.Misc. No.29368 of 2016 (3) dt.02-09-2016 2/2 On behalf of the State, it is submitted that petitioner is not named in the F.I.R. Her name has come in course of investigation.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge, Vaishali at Hajipur , in connection with S. T. Case no. 243 of 2016 arising out of Patepur P.S. Case no. 56 of 2004. (Sudhir Singh, J) sudip/- U T