Raj Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80952 of 2019 Arising Out of PS. Case No.-155 Year-2019 Thana- MANIYARI District- Muzaffarpur ====================================================== 1.

RAJ KUMARI DEVI wife of Shivjee Ray Resident of Village - Subdhiya Noor @ Pakahi, P.S.- Maniyari, District- Muzaffarpur. 2.

Arvind Ray @ Arvind Kumar Son of Shivjee Ray Resident of Village - Subdhiya Noor @ Pakahi, P.S.- Maniyari, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-03-2021 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 328, 302, 120B of the Indian Penal Code.

Allegedly, someone made the informant's father to eat something, as a result of which, he became senseless and started vomitting. He was taken to PHC and ultimately, he was taken to PMCH, Patna where he died in course of treatment. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case for oblique reasons. As per prosecution case,

Patna High Court CR. MISC. No.80952 of 2019(5) dt.22-03-2021 2/2 initially, the case was registered under Section 302 of the Indian Penal Code with an allegation of administering poison to the deceased but after investigation, the investigating officer came to a conclusion that it was a case for an offence under Section 306 of the Indian Penal Code. As per investigation, the deceased is said to have committed suicide. The petitioners are said to be abettors in the present case. The petitioner No. 1 is a lady. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of arrest or surrender in the court below within six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Nayan Kumar, learned Judicial Magistrate-Ist Class, Muzaffarpur in connection with Maniyari P.S. Case No. 155 of 2019 subject to conditions as laid down under Section 438 Cr.P.C.

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