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Patna High CourtCR. MISC./16732/2017bail granted

Sakhiya Devi And ANR v. The State Of Bihar

2017-04-27Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16732 of 2017 Arising Out of PS.Case No. -236 Year- 2016 Thana -KRITYANAND NAGAR District- PURNIA ======================================================

1. Sakhiya Devi Wife of Boudhi Sharma

2. Milan Devi Wife of Boudhi Sharma Both Resident of Village-Gangali, P.S.-K.Nagar (Maranga), District-Purnea (BIhar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Tiwary For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-04-2017 Heard learned counsel for the petitioners.

The petitioners are apprehending their arrest in connection with K. Nagar (Maranga) P.S. Case No. 236 of 2016, registered under Sections 304(B) and 34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

The petitioners are mother-in-law and step mother-inlaw of the deceased. The case is under Sections 304(B) and 34 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that the police after investigation has not found the case true against the petitioners and final form has been submitted. Differing with the opinion of the police learned Magistrate has taken cognizance against the petitioners and even according to the F.I.R. there is no

Patna High Court Cr.Misc. No.16732 of 2017 (3) dt.27-04-2017 2/2 specific allegation against the petitioners.

Heard learned Additional P.P. also. The learned A.P.P. also could not controvert the aforesaid submission Having heard both sides and in view of the aforesaid the petitioners, above named, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bonds of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Purnea in connection with K. Nagar (Maranga) P.S. Case No. 236 of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that the petitioners shall co-operate in the investigation and make themselves available before the police as and when required and in the event of failure on their part to appear before the police on two consecutive dates, the prosecution shall be free to move for cancellation of their bail bonds and further petitioners will not induce any witness or tamper with the evidence.

(Vinod Kumar Sinha, J) BTiwary/- U T