Patna High CourtCR. MISC./39065/2015bail granted

Nazma Khatoon And ANR v. The State Of Bihar

2015-09-28Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39065 of 2015 Arising Out of PS.Case No. -105 Year- 2011 Thana -KHAIRA District- SARAN ======================================================

1. Nazma Khatoon W/o Navi Rasul

2. Navi Rasul S/o Late Islam Both Resident of Village Rasulpur, P.S. Khaira, District Saran.

....... Petitioners

Versus

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

For the Petitioner/s : Mr. Nagendra Prasad Yadav No-1, Advocate For the Opposite Party/s : Mr. A.M.P.Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-09-2015 Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Khaira/Nagra PS Case No. 105 of 2011, disclosing offences under Sections 304B and 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Petitioner no.1 is the mother-in-law and petitioner no.2 is the father-in-law of the deceased. Considering the submission that the allegation against these petitioners of demand of dowry is not specific and there is no allegation that immediately before the death of the deceased, any demand of dowry was made coupled with the fact that the husband of the deceased has been acquitted after trial of the Sessions Trial No.

Patna High Court Cr.Misc. No.39065 of 2015 (2) dt.28-09-2015 2/2 216 of 2012, this application is allowed.

Let the petitioners above named, in the event of their arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran in Khaira/Nagra PS Case No. 105 of 2011, subject to the conditions as 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, 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) mrl U T