IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6964 of 2011
RAGHUVEER BHAGAT
Versus
THE STATE OF BIHAR
with
Criminal Miscellaneous No.8389 of 2011
LALITA DEVI
Versus
THE STATE OF BIHAR
4 12-07-2011
Both the above-said Cr. Misc. Cases arise out of the
same case i.e. Simri P.S. case No. 138 of 2010 registered
under sections-302, 328, 34 of the Indian Penal Code and
accordingly, the above-said Cr. Misc. Cases are being disposed
of by this common order.
Heard learned counsels for the petitioners as well as
learned counsel for the state.
Admittedly, the petitioner in Cr. Misc. No. 8389 of 2011
is step mother whereas; the petitioner in Cr. Misc. No. 6964 of
2011 is uncle of the deceased. Allegedly, both the above-said
petitioners administered poison to the deceased who was aged
about 15 years at the time of his death.
Learned counsel for the petitioner in Cr. Misc. No.
8389 of 2011 submits that admittedly, the mother of the
deceased died 10-11 years ago and after that, father of the
deceased solemnized second marriage with petitioner in Cr.
Misc. No. 8389 of 2011 and it is also an admitted position that
the deceased was brought up , up to the age of 15 years under
the guardianship of the petitioner in Cr Misc. No. 8389 of 2011.
-2-
It is further contended by him that the deceased might have
consumed poison in frustration.
Learned counsel appearing for the petitioner in Cr.
Misc. No. 6964 of 2011 reiterates the submission of learned
counsel appearing in Cr. Misc. No. 8389 of 2011 but added that
the petitioner in Cr. Misc. No. 6964 of 2011 has no concern with
the affairs of family of the deceased.
Although learned Addl. P.P. opposed the prayer on the
ground that in course of postmortem examination, some injuries
were found on the person of the deceased but there is nothing
in the entire case diary to show this fact as to how the deceased
sustained above-said injury and so far as administering poison
to the deceased is concerned, there is no eye witness of the
above-said occurrence.
Taking into consideration the aforesaid facts and
circumstances of the case as well as submission of the parties,
let the petitioners, namely, Raghuveer Bhagat (in Cr. Misc. No.
6964 of 2011) and Lalita Devi (in Cr. Misc. No. 8359 of 2011) be
released on bail on furnishing bail bonds of Rs 10,000/- (ten
thousand) each with two sureties of the like amount each in
connection with Simri P.S. Case No. 138 of 2010 to the
satisfaction of Chief Judicial Magistrate, Darbhanga.
AKV/- (Hemant Kumar Srivastava,J.)