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Patna High CourtCR. MISC./14806/2017bail granted

Samtoliya Devi And ANR v. The State Of Bihar

2017-04-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14806 of 2017 Arising Out of PS.Case No. -10 Year- 2016 Thana -KURSAKANTA District- ARRARIA ======================================================

1. Samtoliya Devi, W/o Laxman Singh,

2. Most Nirjo Devi @ Niraj Devi, W/o Late Bharat Singh, Both resident of Village- Haripur Pahunsi, P.S.- Kursakanta (Kuwari) Dist- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-04-2017 The petitioners are apprehending their arrest in connection with Kursakanta (Kuwari) P.S. Case No. 10 of 2016, registered for offences punishable under Sections 304B/34 Indian Penal Code.

It has been submitted on behalf of the petitioners that though this is a case under Section 304B Indian Penal Code and petitioners are mother-in-law and gotani respectively but admittedly as per F.I.R, marriage of the deceased was solemnized with the son of petitioner no. 1 about thirteen years ago, as such no case under Section 304B Indian Penal Code is made out against the petitioners. So far allegations are concerned, it will appear from perusal of the F.I.R. itself that there was dispute between the deceased and her husband with regard to some dowry demand and

Patna High Court Cr.Misc. No.14806 of 2017 (2) dt.03-04-2017 2/2 nothing specific has been alleged against these petitioners. Learned counsel for the State opposed the prayer of bail. Having heard both sides, considering the facts and circumstances of the case, nature of allegation and also that petitioners happens to be mother-in-law and gotani, as such, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-III, Araria, in connection with Kuraskanta (Kuwari) P.S. Case No. 10 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Vinod Kumar Sinha, J) sunil/- U T