Kalpana Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22748 of 2016 Arising Out of PS.Case No. -17 Year- 2016 Thana -PANDARAK District- PATNA ======================================================

1. Kalpana Devi Wife of Chandra Shekhar Prasad Resident of village - Gopkita, P.S. Pandarak, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Khurshid Alam, Advocate For the State : Mr. Ram Sumiran Roy (App) For the informant : Mr. P. N. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Pandarak Police Station Case No. 17 of 2016, disclosing offences under Sections 304B/201/34 of the Indian Penal Code.

The petitioner is a lady and mother-in-law of the deceased.

It is submitted on behalf of the petitioner that there is no allegation against the petitioner of demand of dowry in the First Information Report.

Learned Counsel appearing on behalf of the informant, on the other hand, has vehemently opposed the

Patna High Court Cr.Misc. No.22748 of 2016 (3) dt.13-07-2016 2/3 prayer and has submitted that the petitioner had played a crucial role in making demand of dowry and torturing the deceased.

However, on the basis of entries made in the case diary, learned Additional Public Prosecutor has not been able to point out any specific role played by the present petitioner, leading to demand of dowry by her or of torturing the deceased.

Considering the above submission, this application is allowed.

Let the petitioner, Kalpana Devi, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Barh, Patna, in connection with Pandarak Police Station Case No. 17 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 petitioner shall present herself before the police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bond shall be liable to be

Patna High Court Cr.Misc. No.22748 of 2016 (3) dt.13-07-2016 3/3 cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √