The High Court granted anticipatory bail to the petitioner apprehending arrest in a case involving alleged poisoning leading to death. Bail was issued subject to conditions.
Anticipatory bail granted for appearance within four weeks upon furnishing bail bond of Rs.10,000 with two sureties to satisfaction of Chief Judicial Magistrate.
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.
Patna High Court Cr.Misc. No.26170 of 2018 (2) dt.07-05-2018 1
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26170 of 2018
Arising Out of PS.Case No. -213 Year- 2018 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH)
====================================================== 1. Sonu Kumar S/o Kanhaiya Prasad Jaiswal, R/o Mohalla- Turha Toli, Ward No. 10, P.S.- Bettiah Town (Kalibagh O.P.), District- West Champaran.
.... .... Petitioner/s Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Dilip Kumar
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
The petitioner apprehends his arrest in Bettiah Town (Kalibagh O.P.) P.S. Case No.213 of 2018 registered under Sections 276, 311, 302 of the Indian Penal Code.
The informant alleged that the petitioner gave medicine to the brother of the complainant-informant for weight loss. The brother of the informant consumed the herbal medicine causing vomiting and brother of the informant died on 23.02.2018.
The learned counsel for the petitioner submits that the brother of the informant died on 23.02.2018 but no post-mortem was held. The dead body was cremated. The complainant filed complaint petition on 21.03.2018 on the basis of which present
Patna High Court Cr.Misc. No.26170 of 2018 (2) dt.07-05-2018 2
F.I.R. was lodged on 23.03.2018. Taking into consideration that on mere allegation that the deceased consumed the medicine given by the petitioner but no F.I.R. was lodged immediately thereafter nor any post mortem was held of the dead body. The complaint itself was filed after one month of the occurrence.
Considering the facts aforesaid, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Town (Kalibagh O.P.) P.S. Case No.213 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J)
Saurabh/-
U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest in connection with a case of cheating and body causing death alleging poisoning.
Sonu Kumar S/o Kanhaiya Prasad Jaiswal
The State of Bihar
PRABHAT KUMAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
