Single-judge order dismissing pre-arrest bail petitions filed by the wife, father-in-law, and son-in-law of the deceased in a fatal poisoning case, rejecting the innocence plea due to prosecution witnesses and the deceased's hospital narration.
Prayer for pre-arrest bail rejected; surrender for regular bail allowed if so advised.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10667 of 2014
Arising Out of PS.Case No. -50 Year- 2013 Thana -NARHAT District- NAWADA ====================================================== Guriya Kumari D/O Nawal Singh, Wife Of Late Shashi Kant Kumar @ Banti R/O Village Sinduari, P.S. Narhat, District Nawada .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.28544 of 2014 Arising Out of PS.Case No. -50 Year- 2013 Thana -NARHAT District- NAWADA ====================================================== 1. Nawal Singh S/o Late Bachchu Singh 2. Laljee Kumar S/o Nawal Singh Both R/o Village Sinduari, P.S. Narhat, District Nawada. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.10667 of 2014) For the Petitioner/s : Mr. Rashid Izhar For the Opposite Party/s : Mr. Satyendra Pd.(App) (In Cr.Misc. No.28544 of 2014) For the Petitioner/s : Mr. Dr. Anjani Pd. Singh For the Opposite Party/s : Mr. R.S.Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10 05-01-2015 As both the bail petitions arise out of one first information report, are being disposed of by this common order. Allegedly, petitioner Nawal Singh took the son of the informant two years ago and married him with his daughter, Guria Kumari ( petitioner of Cr.Misc. No.10667 of 2014) and on
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the date of occurrence the petitioners and others had administered poison in the milk and the same was forcibly drunk by the son of the informant Shashi Kant Kumar and thereafter his condition deteriorated and he was brought to Magadh Medical College Hospital, Gaya where he narrated to his father as to how he was administered poisonous milk and ultimately he died.
Submission at the bar for pre-arrest bail to the petitioners is that the petitioners are innocent and have falsely been implicated. It is not true that the petitioners Nawal Singh forcibly took the son of the informant for marriage with his daughter rather love affairs was going on between Guriya and Shashi Kant Kumar and Shashi Kant Kumar married at his own will and his father was pressurizing for dowry which was also settled during panchayati and on the date of occurrence the deceased committed suicide to which the learned A.P.P. duly assisted by the learned counsel for the informant opposes by submitting that in the house of the petitioners poisonous milk was administered to the son of the informant and then his condition deteriorated and ultimately he died. Some of the witnesses have also supported the prosecution case.
In the facts and circumstances, as stated above, considering that at the hospital, allegedly, the son of the informant
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narrated as to how poisonous milk was administered to him at his in-laws house and, as such, this Court is not persuaded to grant the privilege of pre-arrest bail to the petitioners and, accordingly, their prayer for bail stands rejected, but in case, and if so advised, the petitioners surrender before the court below and pray for regular bail, the prayer for regular bail can be considered without being prejudiced by this order.
(Jitendra Mohan Sharma, J)
AnilKrSinha/-
U T
2 issues framed by the court
Whether pre-arrest bail should be granted to the petitioners accused in a poisoning case.
Whether the alleged facts of poisoning and suicide justify rejecting the bail petition.
Guriya Kumari
Nawal Singh
The State Of Bihar
JITENDRA MOHAN SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
