Kiran Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61726 of 2021 Arising Out of PS. Case No.-118 Year-2021 Thana- CHARPOKHARI District- Bhojpur ====================================================== KIRAN KUMARI W/o AKHILESH YADAV R/o VILLAGE-KANAI, P.SCHARPOKHARI, DISTRICT-BHOJPUR AT ARA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Zainul Abedin For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-01-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Charpokhari P.S. Case No. 118 of 2021 registered for offence punishable under sections 302, 328/34 of the Indian Penal Code. The informant Mahendra Kumar Pathak is the father of deceased, Raushan Kumar Pathak.

As per allegation, the deceased had given loan of Rs. 50,000/- to Akhilesh Kumar Yadav, husband of the petitioner. The husband of the petitioner called the informant's son and he along with the petitioner forcibly administered him poisonous substance.

The learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.61726 of 2021(9) dt.16-01-2023 2/2 the petitioner is innocent and has falsely been implicated. He has submitted further that in paragraph nos. 16 and 17, the witnesses have stated that the deceased had not entered into the house of the accused persons, rather he was found sitting in the street of one Nand Jee Yadav. He has also submitted that on earlier occasion, the deceased had consumed some poisonous substance. The petitioner is a person of clean antecedent.

Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Charpokhari P.S. Case No. 118 of 2021, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T