Bibha Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58881 of 2017 Arising Out of PS.Case No. -211 Year- 2017 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Bibha Devi, D/o Ranjan Mahto

2. Lallu Mahto @ Gulsan Kumar, S/o Ranjan Mahto, All residents of Village- Rani Munipur, P.S.- Islampur, District- Nalanda. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Islampur PS case no. 211 of 2017 registered for the offences punishable under Sections 304(B), 201/34 of Indian Penal Code.

The allegation leveled against the petitioners is regarding dowry death of the deceased.

The learned counsel for the petitioners submits that the petitioners are innocent and they have got nothing to do with the alleged incident and the death of the deceased took place on account of illness. It is further submitted that the petitioners have clean

Patna High Court Cr.Misc. No.58881 of 2017 (3) dt.09-01-2018 2/2 antecedents.

The learned APP Dr. Indiwar Kumari submits that from perusal of the case diary, it is apparent that when the deceased was coming from Delhi along with her husband, the mother and family members of the deceased had taken her to their residence for the purposes of getting the deceased treated since she was ill. It also transpires that the deceased has died on account of natural death.

Having regard to the facts and circumstances of the case, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial MagistrateHilsa (Nalanda) in connection with Islampur PS case no. 211 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J.) rinkee/- U T