Nirmla Kuer And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36931 of 2018 Arising Out of PS.Case No. -334 Year- 2018 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================
1. Nirmla Kuer, Widow of Late Kanhaiya Sah,
2. Asha Devi, Wife of Arvind Sah, Daughter of Late Kanhaiya Sah,
3. Moni Kumari, Daughter of Late Kanhaiya Sah, All resident of VillageRampur Colony, P.S. Bhabua, District- Kaimur at Bhabua. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Garg, Adv. For the Opposite Party/s : Mr. Chaubey Jawahar, APP Ms. Kiran Kumari Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-07-2018 The petitioners are apprehending their arrest in connection with Bhabua P.S. Case No. 334 of 2018, registered for offences punishable under Section 341, 323, 504, 307, 328 and 34 of I.P.C.
Allegation against the petitioner is of administering poison to the victim. Petitioner no.1 happens to be the mother-inlaw of the victim, petitioner no.2 is the wife of victim and petitioner no.3 is the elder sister-in-law.
Submission of learned counsel for the petitioners is that as a matter of fact there was dispute between the wife and husband, due to which victim has consumed poison. Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for bail on the ground
Patna High Court Cr.Misc. No.36931 of 2018 (3) dt.20-07-2018 2/3 that the petitioners were conspired of administering the poison to the victim, due to which he was started vomiting. Having heard both sides, in view of the above facts, so far petitioner no.2 is concerned, I am not inclined to grant her privilege of anticipatory bail. Rather she should surrender and pray for regular bail.
So far petitioner nos.1 & 3, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000/- (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Bhabua P.S. Case No. 334 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on
Patna High Court Cr.Misc. No.36931 of 2018 (3) dt.20-07-2018 3/3 the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) Amjad/Ranjeet/- U T