Soni Kumari And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26984 of 2015 Arising Out of PS.Case No. -93 Year- 2014 Thana -DANIYAWA District- PATNA ======================================================

1. Soni Kumari Daughter of Sharwan Kumar Singh @ Sharwan Kumar

2. Sharwan Kumar Singh @ Sharwan Kumar Son of Late Ram Sharan Singh

3. Sushila Devi wife of Sharwan Kumar Singh @ Sharwan Kumar All are residents of village - Chaura, Police Station - Daniyawan, District - Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Nawal Kishore Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-07-2015 The petitioners are apprehending their arrest in connection with Daniyawan P.S. Case No. 93 of 2014 for the offences instituted under Sections 328, 302/34 of the Indian Penal Code.

Heard learned counsel for the petitioners and learned counsel for the State.

The prosecution story, in brief, is that the accused persons administered the poison to the informant's daughter who died.

It has been submitted on behalf of the petitioners that petitioners have been falsely implicated in the present case due to

Patna High Court Cr.Misc. No.26984 of 2015 (2) dt.21-07-2015 2/2 previous enmity and mistake of fact. It is further submitted that petitioner no. 1 Soni Kumari is unmarried and tender age girl. On behalf of the State it has been submitted that there is specific allegation against these petitioners for administrating the poison to the informant's daughter and they are also named in the F.I.R.

Considering the aforesaid facts and circumstance, I am not inclined to grant bail to the petitioners. According this application is rejected.

If anyhow the petitioners will surrender before the court below within a period of four weeks from today, the court below shall consider the case of the petitioners on its own merit without being prejudiced by this order and if possible, the same will be disposed of on the same day. While disposing the case, the court below may take into account as far as petitioner no. 1 Soni Kumari who is unmarried and tender age girl.

(Sudhir Singh, J) Mahesh/- U T