Mamta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3450 of 2018 Arising Out of PS. Case No.-70 Year-2017 Thana- KORANSARAI District- Buxar ====================================================== Mamta Devi, Wife of Shashi Bhushan Singh, Resident of Village Mathila, P.S. Koran Sarai, District- Buxar.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyapal Singh For the Opposite Party/s :

SMT. SUMAN KUMARI SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections 498A, 304B, 328/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioner administered poison to the sister of the informant, due to which she died.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The petitioner is said to be the Gotani of the deceased. She is separate in mess and property from the husband of the deceased.

Patna High Court Cr.Misc. No.3450 of 2018(3) dt.05-03-2018 2/2 In paras 10, 11 and 12 of the case diary, the prosecution witnesses have stated that the deceased had committed suicide. Hence, no offence under Section 304B of the I.P.C. is made out in the present case. The petitioner is a lady. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Koran Sarai P.S. case No.70 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T