Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12920 of 2012 ====================================================== 1. Ram Vinay Singh, son of Late Laxmi Kant Singh 2. Urmila Devi, W/o Ram Vinay Singh Both are residing of village- Mangalpur, P.S.- Ramgarhwa, District- East Champaran .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 29-03-2012 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioners apprehend their arrest in connection with a case instituted for the offence punishable under [STATUTE] . The petitioners are the parents of the deceased. The Father-in-law of the deceased has lodged the present case. Admittedly, the informant was not present when he alleges the occurrence took place. The deceased died in a Hospital, where he was taken by his family members including parents. The Fardbeyan of the informant was recorded in Hospital after death of the deceased. Post-mortem report goes to suggest that the deceased died due to cardio respiratory failure. The Police upon conclusion of investigation submitted Final Report holding the case to be a mistake of fact. The Magistrate took cognizance of the offence on the basis of protest petition filed on behalf of the informant. It is submitted that the deceased Patna High Court Cr.Misc. No.12920 of 2012 (2) dt.29-03-2012 2 was son of the petitioners and it is beyond imagination that the parents would do away with the life of their own son. Be that as it may, considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs.-10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Raxaul at Motihari in connection with Ramgarhwa P.S. Case No. 51 of 2007, Trial No. 2290 of 2011 subject to the condition as laid down under Section 438 (2) Cr.P.C. as also on the following conditions: (i) That both the bailors will be close relative of the petitioners who will give separate affidavit giving genealogy as to how they are related with the petitioners. (ii) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That they shall remain present before the court on the dates fixed for hearing of the case. If they want to remain absent, then they will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, they will immediately inform the court and request that they may be Patna High Court Cr.Misc. No.12920 of 2012 (2) dt.29-03-2012 3 permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioners violates any of the conditions imposed by this Court. P.K./- (Ashwani Kumar Singh, 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.