Chandrakala Devi And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30107 of 2015 Arising Out of PS.Case No. -94 Year- 2014 Thana -BELSAND District- SITAMARHI ======================================================

1. Chandrakala Devi, W/o Harikshan Sah

2. Sheela Devi wife of Sanjeet Sah, Resident of Village Shiv Nagar, Bhandari , P.S. Belsand, District Sitamarhi.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Alok Kumar Jha For the Opposite Party/s : Mr. J.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-02-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Belsand P.S. Case No. 94 of 2014, disclosing offences under Sections 304B and 201/34 of the Indian Penal Code. The petitioner no. 1 is the mother-in-law of the deceased whereas the petitioner no. 2 is the wife of the brother of the husband of the deceased. While calling for a case diary by an order dated 14.10.2015 passed in this case, an interim protection of not taking any coercive step against them, was granted in their favour.

Learned counsel for the petitioners submits that there is

Patna High Court Cr.Misc. No.30107 of 2015 (5) dt.11-02-2016 2/2 absolutely no material to indicate that the deceased died of poisoning which could substantiate the prosecution case. Considering that the petitioners are ladies and there is no specific allegation against them, this application is allowed. Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Belsand P.S. Case No. 94 of 2014, subject to the conditions 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) Vats/- U T