Poonam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54095 of 2018 Arising Out of PS. Case No.-11 Year-2018 Thana- AZIMABAD District- Bhojpur ====================================================== POONAM DEVI Wife of Late Jitendra Prasad, Resident of village- Chilaur, P.S. Azimabad, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr. Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-07-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Azimabad P.S. Case No. 11 of 2018, instituted for the offence under Section(s) 302 and 120(B)/34 of the Indian Penal Code.

It is alleged in the written report that cousin sister of the informant namely, Poonam Devi (petitioiner) was married with Jitendra Prasad (since deceased). The deceased was residing with petitioner in his house. It is further alleged that on 1.3.2018 deceased came to his house from Patna. The petitioner on seeing him started abusing, on account of which, some altercation arose between deceased and petitioner. In the next morning informant heard rumour that husband of the petitioner was lying dead in his house. The informant went there and saw his dead body. He found the neck of the deceased wrapped with Gamchha and blood has come out from his nose. He enquired about the death from the

Patna High Court CR. MISC. No.54095 of 2018(6) dt.09-07-2019 2/2 petitioner but she did not speak anything. She told that previous night she had gone to the house of Babunan and when she returned in the morning she found her husband dead. The informant has raised suspicion against the petitioner.

Counsel for the petitioner submits that mere suspicion has been raised against the petitioner.

Case diary has been received.

The post mortem report is available in the case diary. In the post mortem report no external injury was found. Various viscera has been preserved, but viscera report has not been received. Petitioner is in custody since 3.3.2018 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-8, Bhojpur, in connection with Azimabad P.S. Case No. 11 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T