Malti Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38010 of 2015 Arising Out of PS.Case No. -71 Year- 2014 Thana -ATHMALGOLA DistrictPATNA =====================================

1. Malti Devi, Wife of Shravan Paswan.

2. Rajeev Paswan, Son of Shravan Paswan.

3. Priyanka Devi, Wife of Rajeev Paswan.

All resident of Vill.-Chanda, P.S.-Athmangola, Distt.-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s :Mr. Sanjay Kumar, Adv. For the Opposite Party/s :Mrs. Veena Kumari Jaiswal, A.P.P. ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-09-2015 Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Athmagola P.S. Case No.71 of 2014, disclosing offences under Sections 304(B) and 201/34 of the Indian Penal Code.

Petitioner No.1 is the mother-in-law, petitioner No.2 is the brother of the husband of the deceased and petitioner No.3 is the wife of petitioner No.2. Referring to the First Information Report, learned counsel, appearing on behalf of the petitioners, submits that the allegation of demand of dowry is vague, not specific against these petitioners and allegation of

Patna High Court Cr.Misc. No.38010 of 2015 (2) dt.18-09-2015 2/2 torture for non-fulfillment of said demand is ornamental in nature.

Considering the submission as above, this application is allowed.

Let the petitioners, abovenamed, 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/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Barh, District-Patna in connection with Athmagola P.S. Case No. 71 of 2014, 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) Praveen-II/- U T