Dhaneshwari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58322 of 2021 Arising Out of PS. Case No.-256 Year-2021 Thana- BIBHUTIPUR District- Samastipur ====================================================== 1.

Dhaneshwari Devi Wife Of Lakshmi Narayan Mahto Resident Of Village - Belsandi Tara, P.S.- Bibhutipur, District - Samastipur. 2.

Savita Kumari Daughter Of Lakshmi Narayan Mahto Resident Of Village - Belsandi Tara, P.S.- Bibhutipur, District - Samastipur. 3.

Sarita Kumari @ Sita Kumari Daughter Of Lakshmi Narayan Mahto Resident Of Village - Belsandi Tara, P.S.- Bibhutipur, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niraj Kumar For the Opposite Party/s :

Mr. Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 328/34 of the Indian Penal Code.

Petitioners are said to have attempted to kill the informant by forcibly administering her poison. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that petitioner no. 1 is mother-in-law and petitioner nos. 2 and 3 are unmarried Nanad of the informant.

Patna High Court CR. MISC. No.58322 of 2021(3) dt.17-10-2022 2/2 He submits that they are living separately to the informant and her husband. He submits that there is no specific allegation against the petitioners and only on the basis of suspicion, they have been made accused. He submits that there is no eye witness in the present case. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bibhutipur P.S. Case No. 256 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

devendra/- (Anjani Kumar Sharan, J) U T