Saguni Devi @ Sugni Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54148 of 2018 Arising Out of PS.Case No. -148 Year- 2018 Thana -MAGADH MEDICAL COLLEGE DistrictGAYA ======================================================

1. Saguni Devi @ Sugni Devi, W/o Satendra Singh @ Nanhaku Singh,

2. Nitu Kumari D/o Satendra Singh @ Nanhaku Singh, Both R/o Vill.- Chapardah, P.S.- Magadh Medical College Hospital, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Adv. For the Opposite Party/s : Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-10-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302/328/34 of the Indian Penal Code.

Husband of the deceased had filed a case for divorce vide Matrimonial Suit No. 312 of 2016 in the Court of learned Principal Judge, Family Court, Gaya, a copy at Annexure4. In the aforesaid background, allegation in the FIR is that on the date of alleged occurrence the victim was insisting for her entry into her matrimonial house along with her baby, which was not allowed by the family members; rather she was served with some food and water by the family members, which she ate and died

Patna High Court Cr.Misc. No.54148 of 2018 (3) dt.25-10-2018 P2/ subsequently.

Learned counsel for the petitioners submits that there is no eye-witness before the police to say that who had served the food to the deceased nor the opinion of the doctor is specific that the death was due to poisoning. Moreover the petitioners are females.

Considering the entire facts aforesaid, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Magadh Medical Police Station Case No. 148 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Mkr./R.RanjanU T