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Patna High CourtCR. MISC./26043/2019allowed

Soni Devi @ Soni Singh v. The State Of Bihar

2019-04-22Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26043 of 2019 Arising Out of PS. Case No.-326 Year-2018 Thana- RUPASPUR District- Patna ====================================================== SONI DEVI @ SONI SINGH W/o- Santosh Kumar @ Santosh Kumar Singh, Resident of Village- Ardeva, P.S.- Tarainya, District- Saran, At present R/OMohalla- Saroornagar, (L.B. Nagar), Rangareddy, P.S.- Saroornagar (M), District- Hyderabad (A.P.).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anshuman Singh Mr.Ramakant Yadav For the State :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Rupaspur P.S. Case No. 326 of 2018, disclosing offences under Sections 304(B) and 302/34 of the Indian Penal Code. The petitioner is the sister of the husband of the deceased.

Learned counsel, appearing on behalf of the petitioner, referring to the FIR, has submitted that there is general and omnibus allegation of demand of money for helping the husband of the deceased to do his business. Accordingly to him, such demand cannot be said to a demand for dowry. He has also submitted that the petitioner's implication is only

Patna High Court CR. MISC. No.26043 of 2019(2) dt.22-04-2019 2/2 because of her relationship with the husband of the deceased. I find substance in the submission made on behalf of the petitioner.

This application is accordingly allowed. Let the petitioner, above named, in the event of her 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) with two sureties of the like amount each, to the satisfaction of the learned ACJM-II at Danapur in Rupaspur P.S. Case No. 326 of 2018, 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 petitioner shall present herself before the Police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the court on two consecutive occasions, her bail bonds shall be liable to be cancelled.

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