Sajni Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34248 of 2015 Arising Out of PS.Case No. -646 Year- 2014 Thana -KRITYANAND NAGAR District- PURNIA ======================================================

1. Sajni Devi wife of Khurchan Rishi

2. Tara Devi wife of Pramod Rishi Both are resident of villagekajra,Mushahari Tola , Ps. K. Nagar, District Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Md.Iftekhar Mahmood(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-08-2015 Heard learned counsels for the petitioners and the State.

Petitioners being mother and wife of main accused Pramod Rishi are apprehending their arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

The prosecution case is that the co-accused Pramod Rishi performed marriage with the daughter of the informant Bauni Devi and subsequently two children were born out of the wedlock. It is alleged that petitioners and others started assaulting the daughter of the informant and on 02.12.2014 they administered poison through food. It is submitted by learned counsel for the petitioners that petitioners are mother and the first wife of Pramod Rishi. Pramod Rishi was married from before and there

Patna High Court Cr.Misc. No.34248 of 2015 (2) dt.25-08-2015 2/2 was no marriage between Pramod Rishi and the daughter of the informant. The daughter of the informant was married from before but she used to reside in the house of Pramod Rishi which was not liked by both the families. There is specific accusation that victim was assaulted and administered poison through food but the postmortem reflects no external injury and the cause of death has not been ascertained by the doctor. There is no eye witness to the occurrence.

Considering the thrust of accusation against Pramod Rishi, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Purnea in connection with K. Nagar P.S. Case No. 646 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T