Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13883 of 2012 ====================================================== Saira Khatoon .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 18-04-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending her arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of assaulting the deceased by her husband Md. Sirajul and this petitioner, who happens to be the second wife of Md. Sirajul and subsequently administered poison. It is submitted by learned counsel for the petitioner that Md. Sirajul has been acquitted vide Sessions Case No. 101 of 1998 on 21st September, 1999. Considering the fact that the case was registered in 1997, this Court is not inclined to grant anticipatory bail to the petitioner but considering the fact Patna High Court Cr.Misc. No.13883 of 2012 (2) dt.18-04-2012 2/2 that main accused has been acquitted and the petitioner is a lady, let the learned court below consider sympathetically the regular bail of the petitioner if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Korha (Rautara) P.S. Case No. 186 of 1997 pending in the court of Sri A. Samim, learned Judicial Magistrate, Ist Class, Katihar. It is expected from the learned court below to dispose of the bail application of the petitioner preferably on the same day. With the aforesaid observation, this application is disposed of. Let the order be transmitted to the learned court below through fax at the cost of the petitioner. DKS/ (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.