Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21498 of 2020 Arising Out of PS. Case No.-40 Year-2020 Thana- DAUDPUR District- Saran ====================================================== 1.

KUMARI DEVI Wife of Baidya Nath Yadav 2.

Manju Devi Wife of Umesh Yadav Both Resident of Village Nasira, Dharari, P.S. Daudpur, Distt. Saran at Chapra.

3.

Anita Devi Daughter of Baidya Nath Yadav, Wife of Madhav Yadav, Resident of Village Nasira, Dharari, P.S. Daudpur, Dist. Saran at Chapra, and presently residing at village Merahin, P.S. Hasanpura, Dist. Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-07-2020 This matter has been taken up through Video Conferencing.

Let the defects be removed within two weeks after opening of the physical court.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are languishing in custody for the offence punishable under Section 304B/34 of the Indian Penal Code.

The petitioners are the family members of the victim of dowry death. Allegation is general and omnibus of demand of

Patna High Court CR. MISC. No.21498 of 2020(2) dt.06-07-2020 2/2 dowry and torture for the same.

Submission is that the allegation is general and omnibus. There is lack of material to substantiate that the death was result of immediate torture meted out for not fulfilling the dowry demand.

Considering the facts of the case aforesaid as well as the fact that petitioners are female, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Daudpur P.S. Case No.40 of 2020, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below. (b) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (c) The petitioners shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T