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Patna High CourtCR. MISC./21564/2020bail granted

Ramni Devi v. The State Of Bihar

2020-08-07Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 21564 of 2020 Arising Out of P.S. Case No.-248 Year-2019 Thana-Bounsi District-Banka ======================================================

1. Ramni Devi, wife of Bijo Vaid Baidh

2. Bijo Baidh, son of late Prasadi Baidh Both are resident of Village Golhatti, P.S. Bounsi, District Banka ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ranjan Kr. Jha For the Opposite Party :

Mr. Sunil Kr. Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-08-2020 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Bounsi P.S. Case No. 248 of 2019, disclosing the offence punishable under Sections 304-B/34 of the Indian Penal Code and Sections 3⁄4 of the Explosive Substance Act. The petitioners are mother-in-law and father-in-law respectively of the deceased.

Learned counsel appearing on behalf of the petitioners has submitted that there is no specific allegation against them of any demand of dowry. He has argued that the informant was informed about the death of the deceased-wife by the petitioners

2/3 and had there been any criminal intent, they would not have informed him. He has also submitted that the husband of the deceased is in custody and there is no chance of these petitioners fleeing from the course of investigation, if allowed anticipatory bail.

Considering the facts and circumstances, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, 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 the learned Chief Judicial Magistrate, Banka in Bounsi P.S. Case No. 248 of 2019, subject to the condition 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, as 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. It is also indicated that defects, if any, shall be removed within two months from today.

Since there is a lockdown, the Court has considered it

3/3 appropriate to adopt following procedure for communication of the present order:- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.

(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential office for documentation and future use, if any.

(iv) Let a copy of the order be communicated to the learned court below through e-mail or any other appropriate electronic mode by the Registry.

Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social-distancing.

(Chakradhari Sharan Singh, J) U T Rajesh/-