Punam Kumari @ Punam Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47633 of 2019 Arising Out of PS. Case No.-203 Year-2019 Thana- KATIHAR District- Katihar ====================================================== 1.
PUNAM KUMARI @ PUNAM DEVI Wife of Sanjay Kumar Paswan Resident of Village - Rauniya, P.S.- Barari, District- Katihar 2.
Sanjay Kumar Paswan Son of Arjun Paswan Resident of Village - Rauniya, P.S.- Barari, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 31-07-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Town P.S. Case No. 203 of 2019, disclosing offences under Sections 328 and 302/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that, though there is allegation against the petitioners of having administered poison, leading to the death of the deceased in course of investigation, it has come that the deceased himself had consumed poison. He further submits that the petitioners have been implicated by the informant, who is the wife of the deceased, because of property dispute. Petitioner no.1 is the sister of the deceased and petitioner no.2 is the husband of
Patna High Court CR. MISC. No.47633 of 2019(2) dt.31-07-2019 2/2 petitioner no.1.
Considering the background in which the allegation against the petitioners has been made and the stand taken on behalf of the petitioners that a case of suicide cannot be ruled out, this application is allowed.
Let the petitioners, above named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of the CJM, Katihar in connection with Town P.S. Case No. 203 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure. 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) HR/- U T