Rubi Devi @ Rubi Kumari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39850 of 2015 Arising Out of PS.Case No. -49 Year- 2015 Thana -KANKARBAGH District- PATNA ======================================================

1. Rubi Devi @ Rubi Kumari, W/o Sanjay Kumar, R/o Sakardih, P.S. - Koilwar, District - Ara at Bhojpur.

2. Mukunti Devi, W/o Devendra Yadav @ Devedra Rai, R/o Village - Mushi Bhagat Path, P.S. - Kankarbagh, District - Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kumar Mishra, Adv. For the Opposite Party/s : Mr. Surendra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-11-2015 Heard both sides.

The petitioners apprehend their arrest in Kankarbagh P.S. Case No. 49/2015, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code. The informant alleged that Rina Devi, wife of his nephew Dipak Raj informed him that Dipak Raj has consumed some poisonous substance and she was taking him for treatment. The informant came and found his nephew dead. The informant alleged that Ruby Devi had some bad relation with his nephew, as she was not willing to give property to his nephew. It is submitted that the informant or any other family members of the informant are not eye-witness of the occurrence.

Patna High Court Cr.Misc. No.39850 of 2015 (3) dt.06-11-2015 2/2 The wife of the deceased has very categorically stated in her statement recorded under Section 164 of the Cr.P.C. that her husband had taken poisonous substance and when his condition started deteriorating she took her husband to hospital where he was declared dead.

Having considered the facts that the petitioners are sisterin-law and mother-in-law of the deceased, petitioners above named in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri Satya Priya Anand, Judicial Magistrate, Patna in connection with Kankarbagh P.S. Case No. 49/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T