In a bail application arising from a murder case, the High Court granted anticipatory bail to a woman accused of administering poison, noting the absence of specific overt acts against her.
Petitioner released on bail in the event of arrest or surrender within six weeks, subject to furnishing bond and sureties.
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.15111 of 2023
Arising Out of PS. Case No.-443 Year-2022 Thana- SASARAM NAGAR District- Rohtas
====================================================== KALAWATI DEVI W/O RAJENDRA PRASAD SINGH R/o Mohalla- Takia Ward-2, P.S.- Sasaram (T), District- Rohtas. ... ... Petitioner/s Versus
The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. R.S. Sahay, Advocate Mr. Chandra Mohan Jha, Advocate For the Informant : Mr. Randhir Kumar No.1, Advocate For the State : Mr. Md. Aslam Ansari, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
4 01-08-2023
Heard learned counsel for the petitioner and
learned A.P.P. for the State assisted by learned counsel for the informant.
registered for the offences punishable under Sections 328 and 302/34 of the Indian Penal Code.
is said to have beaten the victim and in the stage of unconsciousness administered poison due to which she died.
Patna High Court CR. MISC. No.15111 of 2023(4) dt.01-08-2023 2/3
help of other shifted immediately her to the hospital. This shows her innocence otherwise she worked and not have taken the risk either to be present in the hospital or to inform the family of the deceased going there personally. It is further submitted that the marriage of the deceased was solemnized 17 years back and was blessed with three children. In the long span of time, there was no complain ever anywhere either in the society or in the court/police about any maltreatment with the deceased by any of the accused persons, which clearly indicates that the matter is otherwise. No specific overt act has attributed against the petitioner. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
Patna High Court CR. MISC. No.15111 of 2023(4) dt.01-08-2023 3/3
two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sasaram (T) P.S. Case No. 443 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J)
Trivedi/-
U T
1 issue framed by the court
Whether the petitioner should be granted anticipatory bail considering lack of specific overt acts attributed against her.
2 provisions across 2 enactments
Kalawati Devi W/O Rajendra Prasad Singh
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
