Babita Devi @ Baby Devi And ANR. v. The State Of Bihar

Patna High Court Cr.Misc. No.42332 of 2014 (2) dt.04-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42332 of 2014 Arising Out of PS.Case No. -28 Year- 2014 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Babita Devi @ Baby Devi wife of Shobhakant Singh

2. Ajeet Kumar @ Ajeet Singh son of Shobhakant Singh Both are R/o village- Sadanandpur, P.S.- kahalgaon, District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. R.P.S.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-03-2015 Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners apprehend their arrest in connection with Kahalgaon P.S. Case No. 28 of 2014 registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code.

Allegedly, the niece of the informant who was married with Rajeev Singh son of the petitioner no. 1 in the year 2011 was ultimately done to death due to non-fulfillment of demand of dowry by the petitioners who are mother-in-law and Dewar and other co-accused.

Submission is that the husband of petitioner no. 1 is in custody and petitioners are living separately with the husband

Patna High Court Cr.Misc. No.42332 of 2014 (2) dt.04-03-2015 of the deceased. There is no specific allegation against the petitioners. The dispute was between the deceased and her husband and the uncle of the deceased has implicated these petitioners falsely.

Learned APP opposes the prayer of pre-arrest bail of the petitioners.

Considering that there is no specific allegation against the petitioners and they are living separately since long, as such, the petitioners above named, in case of their surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Anwar Shamim, J. M. Ist Class, Bhagalpur in connection with Kahalgaon P.S. Case No. 28 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T