Pawan Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6414 of 2019 Arising Out of PS. Case No.-379 Year-2018 Thana- BANIAPUR District- Saran ======================================================

1. PAWAN SINGH S/o Sri Bhagwan Singh Resident of Village - Berui, P.S.- Baniyapur, District - Saran at Chapra.

2. Mani Devi W/o Pawan Singh Resident of Village - Berui, P.S.- Baniyapur, District - Saran at Chapra.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-02-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Baniyapur P.S. Case No. 379 of 2018 for the offence under Section 304(B)/34 of the Indian Penal Code.

The petitioner No.1 is the elder brother of the husband of the deceased, whereas petitioner No.2 is wife of petitioner No.1. On perusal of the First Information Report, I find that learned counsel for the petitioners is correct in his submission that there is no specific allegation against these petitioners of making any demand of dowry. There is also no allegation that soon before the death of the deceased, there was any such demand of dowry.

Considering the facts and circumstances of the

Patna High Court Cr.Misc. No.6414 of 2019(2) dt.05-02-2019 2/2 case, this application is allowed.

Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-Xith, Saran at Chapra, in Baniyapur P.S. Case No. 379 of 2018, subject to the conditions as 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 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) Pawan/- U T