Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57055 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- MIRGANJ District- Purnia ====================================================== REKHA DEVI W/o Late Niranjan Mandal R/o village- Baghwa, P.S.- Mirganj, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-12-2019 Heard learned counsel for the parties.

This application for regular bail arises out of Mirganj P.S. Case No. 12 of 2019, disclosing the offence under Section 302 of the Indian Penal Code.

Petitioner is the widow of the deceased.

On perusal of the First Information Report, it transpires that the informant is the father of the deceased and has alleged that the petitioner and the deceased were not maintaining cordial relationship as husband and wife and they used to frequently quarrel with each other. In the previous evening of alleged date of occurrence also, the deceased and the petitioner had quarrelled. The deceased is said to have died of poisoning.

Learned counsel appearing on behalf of the petitioner has submitted that except for the suspicion of the informant that the

Patna High Court CR. MISC. No.57055 of 2019(3) dt.04-12-2019 2/2 petitioner might have administered the deceased poison, there is no material to connect the petitioner with the death of the deceased. He has further submitted that so far no material has been collected to show that the deceased died of poisoning. The viscera report has not yet been received as is evident from the case diary. Charge sheet is said to have been submitted. The petitioner is in custody since 03.02.2019.

Considering the facts and circumstances of the case and the materials collected in course of the investigation, in my view, the case for grant of regular bail is made out. This application is allowed. Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand), with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Purnea, in connection with Mirganj P.S. Case No. 12 of 2019, subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail Bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) S.Ali/- U T