Sanju Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26790 of 2015 Arising Out of PS.Case No. -22 Year- 2014 Thana -JURAWNPUR District- VAISHALI(HAJIPUR) ======================================================
1. Sanju Devi W/o Late Shrawan Mahto Resident of Village- Barh Banda Par, P.S.- Barh, District- Patna.
2. Bhulli Devi W/o Jageshwar Mahto
3. Jageshwar Mahto @ Jagesar Mahto S/o Jauhri Mahto Both resident of Village- paharpur Purvi, P.S. - Jurawanpur, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Rajeev Nayan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2015 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 328/302/34 of the Indian Penal Code. The prosecution story, in brief, is that on 28.10.2014 'Sala' (brother-in-law) of the informant had gone to his Sasural to meet with his wife, Sanju Devi, after taking about Rs. 40-45 thousand. But on 31.10.2014 in the morning an information was received that his Sala was killed by administering poison to him by the people of his Sasural. On such information when the informant and others went there, he saw the dead body of his Sala (Shrawan Mahto) was thrown in the field.
On behalf of the petitioners it has been submitted
Patna High Court Cr.Misc. No.26790 of 2015 (3) dt.28-09-2015 2/2 that the petitioners have got no criminal antecedent. It is further submitted that petitioner nos. 1 and 2 are ladies. As per prosecution case, merely suspicion has been raised against the petitioners. There is no substantive evidence to suggest the implication of the petitioners in the present case. From perusal of the case diary, it appears that there is no viscera report mentioned in the case diary.
On behalf of the State, it has been submitted that the petitioners have poisoned the deceased.
Considering the aforesaid facts, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of four weeks, be released on 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 Mukesh Kumar, learned J.M., 1st Class, Hajipur, Vaishali in connection with Jurawanpur P.S.Case No. 22 of 2014, subject to the conditions as laid down u/s 438(2) Cr.P.C.
(Sudhir Singh, J) singh/- U T