Geeta Devi Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 6223 of 2018

Geeta Devi …. …. Petitioner(s). Versus State of Jharkhand …. …. Opp. Party(s) ------ CORAM : HON'BLE MR. JUSTICE ANANDA SEN.

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-----FOR THE PETITIONER(S) : Mr. Ram Lakhan Yadav, Advocate FOR THE STATE : A.P.P. ------

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05/06.12.2018

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Inspite of three opportunities given to the Counsel for the State i.e 6.8.2018, 30.10.2018 and 26.11.2018 State has failed to produce the FSL report. Letter No. 2911 of FSL requests for further time. Learned APP has received the said letter from In-charge Director FSL, Ranchi. This Court cannot wait for FSL report for an indefinite period.

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Heard learned counsel for the parties. Learned A.P.P. opposes the prayer for bail.

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The petitioner is an accused for allegedly committing an offence punishable under Sections 302, 34 of the IPC.

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Petitioner happens to be the second wife of the husband of the deceased. There is an allegation that deceased was administered poison. The doctor has also not ascertained the cause of death during post-mortem examination and as such the Viscera has been sent to FSL at Ranchi. This Court on 6.8.2018 gave direction to produce the FSL report but till date same has not been filed. The allegation is general and omnibus in nature.

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In view of the aforesaid fact, I am inclined to grant the privilege of bail as laches is made on the part of the State. Accordingly, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Giridih in connection with Dhanwar Police Station Case No. 145 of 2018 (G.R. No. 1142 of 2018).

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Let a copy of this order be faxed to the Home Secretary and Director Prosecution of the State of Jharkhand.

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(ANANDA SEN , J)

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anjali/ C.P 3

Geeta Devi v. the State of Jharkhand

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Geeta Devi v. the State of Jharkhand

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