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Patna High CourtCR. MISC./30936/2016bail granted

Ranjana Devi v. The State Of Bihar

2016-09-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30936 of 2016 Arising Out of PS.Case No. -88 Year- 2016 Thana -AHIAPUR District- MUZAFFARPUR ====================================================== Ranjana Devi W/o Umesh Prasad Shrivastava R/o Mohalla - Saraswati Nagar Road No.-10, P.O.- M.I.T., P.S.- Ahiyapur, District-Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Manoj Kumar Manoj, Advocate.

For the Opposite Party : Mr. Rajendra Prasad Nat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-09-2016 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned APP for the State. The petitioner apprehends her arrest in Ahiyapur P.S. Case No. 88 of 2016 registered for the offences punishable under Sections 304B and 34 of the Indian Penal Code.

The informant alleged that he got information from Ajay Kumar, the elder brother of his brother-in-law Rakesh Kumar and when the informant went to the residence of his sister he came to know that the body of his sister lying inside the room. The informant further alleged that the petitioner and other accused persons were torturing his sister and due to non-fulfillment of demand of dowry they all killed his sister.

Learned counsel for the petitioner submits that the petitioner is married sister-in-law of the deceased. The petitioner was married 23 years ago and she was living in her Sasural. The petitioner has no

Patna High Court Cr.Misc. No.30936 of 2016 (3) dt.20-09-2016 2/2 manner of concern with the family affairs of the deceased and her husband. The deceased was found hanging from the roof and the room was bolted from inside. The deceased never made any complaint during her lifetime about demand of dowry and torture, although the deceased was married 15 months ago.

Learned counsel for the informant however opposed the prayer for anticipatory bail and submitted that the witnesses during course of investigation have stated that the petitioner was also torturing the deceased.

Considering the facts aforesaid and the fact that the petitioner is married sister-in-law of the deceased and she was married about 23 years ago, living in her Sasural and no specific allegation is made against her, the petitioner above named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in Ahiyapur P.S. Case No. 88 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T