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Patna High CourtCR. MISC./48419/2016allowed

Luxmi Devi @ Lachho Devi And ORS v. The State Of Bihar

2017-01-28Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48419 of 2016 Arising Out of PS.Case No. -430 Year- 2014 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Luxmi Devi @ Lachho Devi W/o Basuki Paswan @ Baski Paswan

2. Mithilesh Paswan @ Mithilesh Kumar Paswan son of Basuki Paswan @ Baski Paswan

3. Basuki Paswan @ Baski Paswan Son of late Sant Lal Paswan All are the Resident of Village-Salempur Sainy P.S.-Kahalgoan, District-Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-01-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioner Nos. 1 and 3 are in custody since 09.06.2015 and petitioner no. 2 is in custody since 16.04.2015 in connection with S.T. No. 350/15 + S.T. No. 395/15C (arising out of Kahalgaon P.S. Case No. 430 of 2014) for the offences punishable under Sections 341, 323, 498A, 328, 304B and 34 of the Indian Penal Code.

3. The accusation is of administering poison to the nephew of the informant which resulted to her death.

4. Learned counsel for the petitioners has submitted that there is general and omnibus allegation against all the

Patna High Court Cr.Misc. No.48419 of 2016 (3) dt.28-01-2017 petitioners. He has further submitted that the witnesses in this case has not supported the case of the prosecution and the petitioners are innocent.

5. Considering the facts and circumstances of the case and nature of accusation, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge IVth, Bhagalpur in connection with S.T. No. 350/15 + S.T. No. 395/15C (arising out of Kahalgaon P.S. Case No. 430 of 2014).

(Arvind Srivastava, J) Ranjan/- U