In an oral order, the Patna High Court rejected the bail petition of Sunita Devi, accused in a case involving alleged poisoning leading to death under Section 302 IPC, due to the gravity of charges and autopsy findings.
Bail petition of petitioner Sunita Devi rejected.
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.9758 of 2021
Arising Out of PS. Case No.-99 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua)
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Sunita Devi Wife of Mr. Raju Sah resident of Village- Chhawani Mohalla, Ward No. 9, P.S.- Bhabua, District- Kaimur (Bhabua).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Malay Kumar Choudhary For the Opposite Party/s : Mr.Pramod Kumar Pandey ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
Heard learned counsel for the parties through video conferencing.
The petitioner seeks bail in Bhabua P.S. Case No. 99 of 2019, registered for the offence under Sections 328/302 of the Indian Penal Code.
As per the prosecution case, on 01.03.2019 at about 3:00 PM, the husband of the informant was called by her sisterin-law (tsBkuh) Sunita Devi (petitioner) through phone, upon which, she alongwith her husband and children went to her house and were sitting in her (petitioner) house. It is further alleged that thereafter, this petitioner offered some sweet drink to her husband, and after drinking the same after some time, her husband developed some stomach pain and started vomiting and thereafter, he (deceased) was brought to hospital, where in
Patna High Court CR. MISC. No.9758 of 2021(2) dt.02-06-2021 2/2
course of treatment, he died. It is alleged that this petitioner had administered poison to her husband, as a result of which, he died.
It is submitted on behalf of petitioner that there is no eye-witness to the occurrence and only on suspicion, this petitioner has been made accused in this case. The investigating officer has not found any poisonous material inside the house of the petitioner. It is further submitted that the informant is the second wife of the deceased. Petitioner is in custody since 10.11.2020.
However, learned A.P.P. for the State has vehemently opposed the bail petition and submitted that there is specific allegation against this petitioner of administering poison to deceased and autopsy report also reveals that deceased died due to poison.
Considering the aforesaid facts and circumstances, the bail petition of petitioner is rejected.
(Prabhat Kumar Singh, J.)
anay
U T
2 issues framed by the court
Whether bail should be granted to the petitioner accused of administering poison resulting in death.
Whether the accused is in custody for the offence under Sections 328/302 IPC.
1 provisions across 1 enactments
Sunita Devi
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
