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Patna High CourtCR. MISC./55246/2015disposed

Rajkumari Devi And ANR v. The State Of Bihar

2015-12-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55246 of 2015 Arising Out of PS.Case No. -166 Year- 2015 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rajkumari Devi Wife of Jwala Sahani,

2. Jwala Sahani, Son of Sitaram Sahani, both residents of village - Khaira, P.S. - Madhuban, District - East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Smt. Meena Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-12-2015 Initially, it is submitted that petitioner no.2, Jwala Sahni, has been apprehended, hence, this application, as regards to him, has become infructuous.

Heard learned counsels for the petitioner and the State. Petitioner no.1, Rajkumari Devi, being mother of the husband of the victim is apprehending arrest in a case registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

The accusation is of killing the daughter of the informant after 4 years of marriage for non-fulfillment of dowry demand of motorcycle.

It is submitted by learned counsel for the petitioner that

Patna High Court Cr.Misc. No.55246 of 2015 (2) dt.07-12-2015 2/2 the thrust of accusation is against the husband of the victim and accusation is of omnibus and general against the entire in-laws family. Moreover, the informant has retracted from initial version and has filed a petition to that effect before the learned court below, the same has been brought on record as annexure-2 to the petition.

Considering the aforesaid facts, let petitioner no.1 Rajkumari Devi, be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Sikrahana, Motihari, East Champaran in connection with Madhuban P.S. Case No.166 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T