Sakeena Bibi @ Sakeena Biby And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7720 of 2016 Arising Out of PS.Case No. -60 Year- 2015 Thana -CHANDRAMANDIH District- JAMUI ======================================================

1. Sakeena Bibi @ Sakeena Biby W/o Manour Ansari@ Manober Ansari

2. Manober @Manour Ansari@Manober Ansari S/o late Hakim Ansari both 1 & 2 are R/o Vill Gorsatti, P.s Chandramandih, Distt Jamui. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Amar Prakash, Adv. For the Opposite Party/s : Md. Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 31-03-2016 Heard learned counsel, appearing on behalf of the petitioners, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Chandramandih P.S.Case No. 60/2015, disclosing offences under sections 328, 302, 120B/34 of the Indian Penal Code. From the First Information Report, it transpires that the deceased is the daughter of the informant, who was married to one Saheb Ansari. The deceased died in a hospital while being treated. Allegation against the accused persons is that they had administered poison to the deceased leading to her death. Learned counsel, appearing on behalf of the petitioners, submits that they are co-villagers. The deceased, as a matter of

Patna High Court Cr.Misc. No.7720 of 2016 (2) dt.31-03-2016 fact, died of food poisoning. He further submits that had there been any intention to kill the deceased, she would not have been taken to hospital for her treatment. He further submits that on the date of occurrence several persons were affected because of food poisoning at village Gorasati, in the district of Jamui. Considering the above, this application is allowed. Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, 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 A.K.Singh, Judicial Magistrate, 1st Class, Jamui, in Chandramandih P.S.Case No.

60/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C. This is subject to the condition that the petitioners shall present themselves before the police/ court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U