Krishna Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36879 of 2015 Arising Out of PS.Case No. -62 Year- 2014 Thana -SHAMBHUGANJ District- BANKA ======================================================

1. Krishna Devi w/o Satya Prakash Singh

2. Ranjit Singh @ Ranjeet Singh Son of Satya prakash Singh both residents of village Garhi Mohanpur, P.S. Shambhuganj, Distt-Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nand Gopal Mishra For the Opposite Party/s : Mr. Sanjay Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-09-2015 Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Shambhuganj P.S. Case No. 62 of 2014 disclosing offences under Sections 304(B), 201, 120(B) of the Indian Penal Code. The petitioner no. 1 is the mother-in-law of the deceased, whereas, the petitioner no. 2 is brother of the husband of the deceased.

Learned counsel appearing on behalf of the petitioners submits that no offence punishable under Section 304(B) of the Indian Penal Code is made out, on the basis of allegation as contained in the First Information Report inasmuch as there is no allegation that immediately before the death of the deceased, any

Patna High Court Cr.Misc. No.36879 of 2015 (2) dt.10-09-2015 2/3 demand of dowry was made. He has further submitted that it has wrongly been mentioned in the First Information Report that marriage of the deceased with the son of petitioner no. 1 was solemnized six years back to her death, rather, they were married seventeen years before the date of occurrence. He has drawn my attention to Annexure-2 series, which is the birth certificate of daughter and son of the deceased, who were born in the year 2003 and 2005 respectively, issued by the Department of Planning and Development, Government of Bihar.

Considering the aforesaid submission, this application is allowed. Let the petitioners, above named, 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 Sub-Divisional Judicial Magistrate, Banka in connection with Shambhuganj P.S. Case No. 62 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

Patna High Court Cr.Misc. No.36879 of 2015 (2) dt.10-09-2015 3/3 bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) sushma/- U T