Case Facts:
Patna High Court Cr.Misc. No.16872 of 2012 (2) dt.23-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16872 of 2012 ====================================================== 1. Md. Kalam & 2. Nargish Khatoon @ Nargish. .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 23-04-2012 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted under [STATUTE] . It is contended that petitioner no.1 is brother-in- law(Nandosi) and petitioner no.2 is married sister-in-law(Nanad) of the deceased. The deceased was married in 1999 and was blessed with two daughters and one son out of the wed-lock. The petitioners had no concern with the day to day affairs of the deceased and her husband in her matrimonial house. From the FIR itself, it would transpire that the deceased was brought to Sadar Hospital, Nawadah for treatment and she died in the hospital. After her death, the husband of the deceased, namely, Pappu Mistri fled away from the hospital. Co-accused Nasrim another married sister-in-law(Nanad) has already been granted anticipatory bail by order dated 27.03.2012 passed in Cr.Misc.No.12653 of Patna High Court Cr.Misc. No.16872 of 2012 (2) dt.23-04-2012 2012 by this Court. Considering the relation of the petitioners with the deceased and other facts and circumstances of the case, the petitioners are directed to be released on bail on their executing a bond with two solvent sureties, each in a sum of Rs. 10,000/- (Ten Thousand only) to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Nawada (Town) P.S. Case No.254 of 2011 arising out of G.R.No.1163 of 2011 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 permitted to be present through their counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting Patna High Court Cr.Misc. No.16872 of 2012 (2) dt.23-04-2012 bail, if for any reason, the petitioners violate any of the conditions imposed by this Court. B.Kr./- (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.