Ashok Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24070 of 2019 Arising Out of PS. Case No.-471 Year-2018 Thana- DHANARUA District- Patna ====================================================== 1.

ASHOK RAI, Son of Late Ram Jatan Yadav 2.

Manorma Devi, Wife of Ashok Rai Both are residents of Village - Mai- Maner, P.S.- Dhanarua, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Sujata Sinha For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-04-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Dhanarua Police Station Case No. 471 of 2018, disclosing offences under Sections 304B/34 of the Indian Penal Code. The petitioners are father-in-law and mother-in-law of the deceased. Taking me to the allegation made in the First Information Report, learned Counsel appearing on behalf of the petitioners has submitted that the deceased appears to have committed suicide by consuming poison. It has also been submitted that there is no allegation of demand of dowry in the First Information Report and, therefore, no offence under

Patna High Court CR. MISC. No.24070 of 2019(2) dt.15-04-2019 2/2 Section 304B of the Indian Penal Code can be said to be made out.

On perusal of the First Information Report, I find substance in the submission so advanced on behalf of the petitioners.

This application is, accordingly, allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, 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 learned Sub Divisional Judicial Magistrate, Masauri, in connection with Dhanarua Police Station Case No. 471 of 2018, subject to the condition 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. (Chakradhari Sharan Singh, J.) ragini/- U T