Patna High CourtCR. MISC./9398/2017bail granted

Baby Devi And ANR v. The State Of Bihar

2017-04-27Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9398 of 2017 Arising Out of PS.Case No. -323 Year- 2016 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================

1. Baby Devi, Wife of Manoj Kumar Sah

2. Najuk Sah @ Raju Kumar, Son of Manoj Kumar Sah Both are resident of Village- Bidupur Bazar, P.S.- Bidupur, DistrictVaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-04-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

There is general and omnibus allegation against the petitioners and others including the husband that they used to torture the victim for non-fulfillment of dowry demand and death for dowry was committed.

Submission of the petitioners is that the allegation is general and omnibus. The husband is already in custody and perusal of the FIR would reveal that the demand was for

Patna High Court Cr.Misc. No.9398 of 2017 (3) dt.27-04-2017 motorcycle which might be against the husband. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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, Vaishali at Hajipur/Successor Court in connection with Bidupur P.S. Case No.323 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and subject to the further condition that petitioners shall fully cooperate with the investigation and trial of the case, failing which the Court below shall be at liberty to take steps for cancellation of the bail bonds of the petitioners in this case. Arvind/- (Birendra Kumar, J) U T