Paspati Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46665 of 2017 Arising Out of PS.Case No. -142 Year- 2017 Thana -GAUTAMBUDHNAGAR District- SIWAN ======================================================
1. Paspati Devi W/o Munnilal Prasad
2. Jagdish Prasad, S/o Late Munnilal Prasad
3. Ranju Devi W/o Jagdish Prasad, All resident of Village- Dindayalpur, P.S.- G.B. Nagar, District- Siwan.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-01-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with G.B. Nagar PS case no. 142 of 2017 registered for the offences punishable under Section 304B/34 of Indian Penal Code.
The allegation against the accused persons is administering poison to the deceased Vinita Devi, the daughter of the informant and wife of Pradeep Prasad.
The learned counsel for the petitioners submits that the petitioners are the mother-in-law, brother-in-law and wife of the elder brother of the husband of the deceased. It is further
Patna High Court Cr.Misc. No.46665 of 2017 (7) dt.31-01-2018 2/2 submitted that the petitioners herein are innocent and the husband has already surrendered before the concerned Court on 29.01.2018.
I have gone through the F.S.L. report which also does not show any traces of poison in the Viscera sent for examination before the F.S.L.
Having regards to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with G.B. Nagar PS case no. 142 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T