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Patna High CourtCR. MISC./43955/2015bail granted

Manju Devi And ANR v. The State Of Bihar

2015-09-16Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43955 of 2015 Arising Out of PS.Case No. -134 Year- 2014 Thana -NARDIGANJ District- NAWADA ======================================================

1. Manju Devi wife of Sunil Choudhary.

2. Gulabi Devi wife of Sudhir Choudhary.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vishwa Ranjan Choudhary For the Opposite Party/s : Mr. Ram Chandra Sahni(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-09-2015 Heard learned counsels for the petitioner and the State. The petitioners being the sisters-in-law (Gotani) of the victim are apprehending arrest in a case registered for the offences punishable under Sections 498A and 304B/34 of the Indian Penal Code.

The accusation is of killing the sister of the informant for non-fulfillment of the dowry demand. It is specifically alleged that the accused persons throttle the victim by putting lathi on her neck.

It is submitted by learned counsel for the petitioners that as per own admission of the informant that the sister of the informant was married 8 years prior to death, the case does not come within the purview of Section 304B of the IPC. Moreover, on conclusion of the investigation, the police submitted final form

Patna High Court Cr.Misc. No.43955 of 2015 (2) dt.16-09-2015 2/2 (chargesheet) under Section 306 of the IPC.

Considering the fact that the chargesheet has been submitted under Section 306 of the IPC and the petitioners being the ladies, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Nawada in connection with Nardiganj P.S. Case No. 134 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T