Gulabiya Devi @ Tara Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35318 of 2017 Arising Out of PS.Case No. -167 Year- 2017 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Gulabiya Devi @ Tara Devi W/o Nunu Lal Sah

2. Nunu Lal Sah S/o Late Paltan Sah Both residents of Village - Sohma, P.S. - Bithan, District - Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-08-2017 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Khagaria P.S. Case No. 167 of 2017, disclosing offence under Section 498A/34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.

Petitioner No.1 is mother-in-law and petitioner No.2 is the father-in-law of the victim.

It is evident from the materials on record that matrimonial discord between them is the root cause for registration of the First Information Report. No purpose will be served, if the petitioners are taken into custody. It is submitted that the petitioners shall present

themselves before the police as and when required and there is no chance that he will tamper with the evidence or influence the witnesses.

Considering the nature of accusation and submissions advanced on behalf of the petitioners, 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 bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in Khagaria P.s. Case No. 167 of 2017 5, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present himself themselves 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.

ArunKumar/- (Chakradhari Sharan Singh, J) U