Kanchan Kumari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22651 of 2016 Arising Out of PS.Case No. -61 Year- 2016 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ======================================================

1. Kanchan Kumari Daughter of Ganesh Prasad

2. Reema devi wife of Ganesh Prasad

3. Ganesh Prasad Son of Anandi Mahto All Resident of Village- Naili, Police station Chandi, Distt Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Mouar For the Opposite Party/s : Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Chandi Police Station Case No. 61 of 2016, disclosing offences under Sections 302/304B/201/120B/34 of the Indian Penal Code.

The petitioner no. 1 is unmarried sister of the husband of the deceased; whereas, petitioner no. 3 is the brother of the husband of the deceased. The petitioner no. 2 is the wife of petitioner no. 3.

It is submitted on behalf of the petitioners that it is evident from the First Information Report that there is quite vague allegation of demand of dowry. He has further submitted that implication of the petitioners and family members is based on hear say from unidentified persons.

Patna High Court Cr.Misc. No.22651 of 2016 (3) dt.13-07-2016 2/2 He has also submitted that considering the relationship of these petitioners with the deceased, they deserve to be granted privilege of anticipatory bail.

Considering the above submission, this application is allowed.

Let the petitioners, namely, Kanchan Kumari, Reema Devi and Ganesh Prasad,, 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) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, in connection with Chandi Police Station Case No. 61 of 2016, 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 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.) Prabhakar Anand/- U √ T √