Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4841 of 2012 ====================================================== 1. Sunita Devi W/O Lateran Mahto Resident Of Village- Shergarh, Police Station- Gogri, District- Khagaria 2. Priyanka Kumari D/O Lateran Mahto Resident Of Village- Shergarh, Police Station- Gogri, District- Khagaria .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 19-03-2012 Heard learned counsel for the petitioners and the State. Petitioner no.1 has been arrested. Hence, this application has become infructuous as against petitioner no.1. This application is disposed of as against petitioner no.1 as it has become infructuous. Petitioner no.2 is apprehending his arrest in a case registered for offences punishable under [STATUTE] . One and half years old son of the informant was found senseless. He was taken to hospital where he died. It is alleged against petitioner no.2 that previously threatening was given by him during the course of some quarrel to the informant that she Patna High Court Cr.Misc. No.4841 of 2012 (3) dt.19-03-2012 2 / 2 2 / 2 2 would be made issueless. It is alleged that the victim was administered poison by the petitioners. It is submitted that the post mortem report does not reflect any injury and the viscera has been preserved. Considering the suspicion nature of accusation, petitioner no.2, named above, is directed to be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Gogri P.S. case no.77 of 2011on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. sudip/- (Dinesh 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.