Dismissed

Naina Devi and Anr. v. The State Of Bihar

Patna HC8 Sept 2014CR. MISC./44074/2013

Case brief

AI extract

What is this about?

The Patna High Court dismissed an application for anticipatory bail regarding a P.S. Case of death by culpable homicide. After examining a viscera report showing presence of endosulfan, the Court ruled against granting bail due to the gravity of the charges and specific accusations.

What did the court decide?

The petitioners were denied the privilege of anticipatory bail; the petition stands dismissed.

Naina Devi and Anr. Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2014)

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Patna High Court Cr.Misc. No.44074 of 2013 (6) dt.08-09-2014

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.44074 of 2013

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Arising Out of PS.Case No. -43 Year- 2013 Thana -BHARGAMA District- ARRARIA

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====================================================== 1. Naina Devi W/O Late Dhirendra Ram Resident Of Village- Khajuri Athaniya Tola, P.S- Bhargama, District- Araria. 2. Durga Devi W/O Ramjee Ram Resident Of Village- Khajuri Athaniya Tola, P.S- Bhargama, District- Araria.

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.... .... Petitioner/s Versus .... .... Opposite Party/s pposite Party/s osite Party/s y/s /s

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The State Of Bihar .... .... Opposite Party/s pposite Party/s osite Party/s y/s /s Appearance : For the Petitioner/s : Mr. Kundan Kumar Singh, Adv. For the Opposite Party/s : Mr. Rajendra Singh Shastri(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

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6 08-09-2014 Heard learned counsel for the petitioners and learned APP for the State.

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The petitioners apprehend their arrest for the offences alleged under Sections 328, 302/34 of the Indian Penal Code registered in connection with Bhargama P.S. Case No. 43 of 2013.

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It is submitted that the petitioners are the wife and mother-in-law respectively of the deceased have been falsely implicated as the deceased died at the hands of his brothers by reason of land dispute.

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Pursuant to the order dated 23.04.2014 a viscera report has been received from the Director, Forensic Science Laboratory, Patna in sealed cover which was opened when the mater was taken up. The viscera report reveals that

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Patna High Court Cr.Misc. No.44074 of 2013 (6) dt.08-09-2014

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endosulfan was detected being an Organo-Chloro pesticide which is commonly used in agriculture for killing pests and is poisonous.

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Having regard to the specific nature of the accusations and the gravity of the alleged offence as well as the viscera report, this Court is not inclined to grant privilege of anticipatory bail to the petitioners. The anticipatory bail petition stands dismissed.

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Let the Registry re-seal the viscera report and return the same to the Director, Forensic Science Laboratory, Patna. The Superintendent of Police, Araria and the Investigating Officer of the case shall ensure that a copy of the viscera report is submitted in the court concerned without delay.

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Let a copy of this order be communicated to the Superintendent of Police, Araria through Fax by the Registry.

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(Vikash Jain, J)

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Md. Ibrarul/-

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U T

Naina Devi and Anr. v. The State Of Bihar

Case brief

What is this about?

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Naina Devi and Anr. v. The State Of Bihar

Case brief

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