Dashrath Thakur And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14360 of 2016 Arising Out of PS.Case No. -49 Year- 2015 Thana -TANDWA District- AURANGABAD ======================================================

1. Dashrath Thakur S/o Late Vishnu Thakur

2. Kavita Devi W/o Dashrath Thakur Both are resident of Village- Simri Bechin, P.S.- Tandwa, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Adv. Ms. Meena Singh, Adv For the Opposite Party/s : Mr. Uday Chandra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-04-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Tandwa Police Station Case No. 49 of 2015, disclosing offences under Sections 304B, 201/34 of the Indian Penal Code.

The petitioner no. 1 is the father-in-law and petitioner no. 2 is the mother-in-law of the deceased. Referring to the First Information Report, learned Senior Counsel for the petitioners has submitted that the allegation of demand of dowry is omnibus against other accused persons except the husband of the deceased. He submits that the husband of the deceased is incarcerating. He further submits that no tangible purpose would be served if the petitioners are taken into custody as

Patna High Court Cr.Misc. No.14360 of 2016 (2) dt.20-04-2016 2/2 there is no likelihood that they be fleeing away from the course of investigation or trial.

Considering the facts and circumstances of the case and the nature of allegation, this application is allowed.

Let the petitioners, namely, Dashrath Thakur and Kavita Devi, 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 Shri Sanjeev Kumar, Judicial Magistrate, 1st Class, Aurangabad, in connection with Tandwa Police Station Case No. 49 of 2015, 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 √