Gita Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2548 of 2019 Arising Out of PS. Case No.-195 Year-2018 Thana- MUSAHARI District- Muzaffarpur ======================================================

1. Gita Devi, wife of Bhukhlu Mahto

2. Bhukhlu Mahto, son of Late Manager Mahto Both are resident of Village-Manika Bishanpur ChandjTole Murra,P.S. Mushahari,Distt.-Muzaffarpur ... ... Petitioner/s

Versus

The State Of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yugal Kishore For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-01-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Mushahari Police Station Case No. 195 of 2018, disclosing offences under Sections 304B/34 of the Indian Penal Code.

The petitioners are mother-in-law and father-in-law of the deceased. The husband is in custody. There is allegation in the First Information Report that the husband of the deceased used to pester the deceased to ask for money from her parents for the purpose of running a business. When the parents of the deceased failed to give the money, the accused persons killed

Patna High Court Cr.Misc. No.2548 of 2019(2) dt.21-01-2019 2/3 the deceased by administering poison.

Learned Counsel appearing on behalf of the petitioners has contended that the demand of money for the purpose of running a business cannot be said to be demand of dowry. He has further submitted that there is no specific allegation against these petitioners of making any such demand and the only allegation against them is that they just supported the husband of the deceased when they quarreled with each other.

After having gone through the First Information Report, I find that case for grant of anticipatory bail is made out. Accordingly, this application is allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Muzaffarpur, in connection with Mushahari Police Station Case No. 195 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case

Patna High Court Cr.Misc. No.2548 of 2019(2) dt.21-01-2019 3/3 may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J.) ragini/- U √ T √