Tetari Kuer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29631 of 2016 Arising Out of PS.Case No. -205 Year- 2014 Thana -JAHANABAD District- JEHANABAD ====================================================== Tetari Kuer, Cooker Alpabas Grih Jehanabad, Wife of Late Kashi Yadav, Resident of Village - Bhaisola, P.S. - Kudra, District - Kaimur (Bhabhua). .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rama Kant Singh, Advocate.

For the Opposite Party : Mr. Rajesh Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-09-2016 Heard both sides.

The petitioner apprehends her arrest in Jehanabad P.S. Case No. 205 of 2014 registered for the offences punishable under Sections 328, 376, 511 and 34 of the Indian Penal Code. The victim Manju Devi complained to the officer-incharge of Alpabas Grih Jehanabad that the petitioner who was a cook, used to mix up some intoxicant in her food and thereafter she became unconscious. The victim also alleged that one day she found that her clothes were not in proper condition. She suspected that the petitioner called somebody in the night in order to outrage her modesty. On 26.04.2014, a tablet was found in the food of Manju Devi and the same was sent to RTO and the manager of the project.

Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.29631 of 2016 (3) dt.30-09-2016 2/2 petitioner is a widow. The tablet was not sent to Forensic Science Laboratory for examination. There is no material to show that the petitioner ever misbehaved with the victim, but on perusal of the FIR and the records, it appears that the victim made very specific allegation that the petitioner used to mix some medicine in the food of the victim and thereafter she became unconscious. During the period of her unconsciousness, one day the victim found herself in a bad condition and on 26.04.2014, a tablet was also found in the food of the victim, thereafter, the case was lodged. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T