The High Court granted regular bail to the petitioner, wife of the deceased accused of murder via poisoning, directing release on a bond of Rs. 10,000 with two sureties.
Released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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.5064 of 2023
Arising Out of PS. Case No.-116 Year-2021 Thana- CHAKAND District- Gaya
======================================================
Khushboo Kumari Wife Of Late Deepak Kumar, D/O Karun Paswan R/O Village- Darbar, P.S.- Barachatti, District- Gaya At Present R/O VillageRanapur, P..S- Chakand, District- Gaya
... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bhaskar Shankar For the Opposite Party/s : Mr.Madhuri Lata ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
3 11-05-2023
Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 328, 379, 120B of the Indian Penal Code.
As per prosecution case, allegation against the petitioner is that she in connivance with other co-accused persons committed murder of the informant’s son namely, Deepak Kumar by giving him poison in food.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The present case has been lodged on the basis of suspicion and the petitioner, being wife of the deceased, has falsely been implicated in this case. During course of investigation,
Patna High Court CR. MISC. No.5064 of 2023(3) dt.11-05-2023 2/2
witnesses stated that the deceased has consumed poison himself. And according to F.S.L. report, it appears that Aluminium Phosphide which is known as Celphos has been detected. It is further submitted that minor child of the deceased is accompanied presently with the petitioner. Moreover, the petitioner has got no criminal antecedents and languishing in judicial custody since 9.11.2022.
Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chakand P.S. Case No. 116 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Magistrate, 1st Class, Gaya.
(Sunil Kumar Panwar, J)
Amandeep/-
U T
1 issue framed by the court
Whether the petitioner should be granted regular bail in a murder case involving poisoning.
1 provisions across 1 enactments
Khushboo Kumari
The State Of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
