Bibi Jarina v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60060 of 2018 Arising Out of PS. Case No.-30 Year-2018 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Bibi Jarina, W/o Late Alam, R/o Vill.- Hussainpur, P.S.- Mojahidpur, DistrictBhagalpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Praveen Kumar, Advocate.

For the Opposite Party :

Mr. Sanjay Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-12-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending her arrest in a case for the offence registered under Sections 328, 302 and 120(B)/34 of the IPC.

The prosecution story, in brief, is that the mother of the informant, namely, Bibi Juli was given a Laddu by Soni at 8.30 hours on 15.02.2018. As soon as, his mother ate that Laddu, she felt like vomiting then she told whether the Laddu was containing poison and she felt uneasy. Hearing this, the instant petitioner and two other ladies assaulted his mother. Then they brought her to J.L.N.M.C.H. for treatment where during the course of treatment, Bibi Juli died at 4.15 P.M. on 15.02.2018.

It has been submitted by learned counsel for the

Patna High Court Cr.Misc. No.60060 of 2018(3) dt.03-12-2018 2/2 petitioner that the petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. As per F.I.R., it is alleged that the deceased was assaulted by fists and slaps by the petitioner and others. The petitioner is a lady. The postmortem report does not indicate any external injury on the body of the deceased. The postmortem report does not corroborate the allegation made in the F.I.R. On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or 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) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Bhagalpur, in connection with Mojahidpur P.S. Case No. 30 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T