Rita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3397 of 2020 Arising Out of PS. Case No.-143 Year-2019 Thana- ARIYARI District- Sheikhpura ====================================================== RITA DEVI Wife of Rajo Yadav Resident of Village - Mahuli, P.S.- Ariyari (Mahuli), Sheikhpura, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar, Advocate.

For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-06-2020 This matter has been taken up through Video Conferencing.

Heard the parties.

The petitioner is apprehending her arrest in a case registered for the offence punishable under Section 304B/34 of the Indian Penal Code.

The marriage, of the victim of dowry death, was solemnized six years prior to her death. Petitioner is mother-inlaw. There is general and omnibus allegation of demand of dowry and torture for the same.

Submission is that there is complete lack of evidence that the victim was tortured for non-fulfillment of dowry demand soon before her death.

Considering the lack of material aforesaid, let the petitioner who is a female in the event of her arrest or surrender

Patna High Court CR. MISC. No.3397 of 2020(3) dt.29-06-2020 2/2 before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Ariyari P.S. Case No. 143 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T