Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38344 of 2011 ====================================================== 1. Jumrati Dewan Khairuddin Dewan Jaisinghpur,Chilraon,Ps- Turkauliya,District-East Champaran .... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 5 23-11-2012 Heard the learned counsel for the petitioner and the State. This is a petition for grant of anticipatory bail for offence under [STATUTE] . It is alleged that the victim Mustkima Khatoon was in her naihar and her husband, Shobrati Dewan, came at the naihar of the deceased and they slept together and said Shobrati Dewan poisoned the cup of tea by which the deceased died. The learned counsel for the petitioner submits that there is nothing against Jumrati Dewan in the entire case. The learned counsel for the State submits that in the case diary also there is nothing against the petitioner. Hence, having regard to the facts and circumstances of the case, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bound of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Turkauliya P.S. Case No. 291 of 2003 to the satisfaction of Sri R. K. Tripathi, Judicial Magistrate, 1st Class, Motihari, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code SA/- (Gopal Prasad, J)

Applicable IPC Section: 328

Statute Text:
Section 328 of the Indian Penal Code. Administering stupefying drug with intent to cause hurt, etc. Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.