Nitu Devi And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.58324 of 2015 (2) dt.01-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58324 of 2015 Arising Out of PS.Case No. -47 Year- 2015 Thana -KAHAIYA District- MUZAFFARPUR ======================================================

1. Nitu Devi Wife of Manoj Upadhyay

2. Girija Devi Wife of Gangadeo Upadhayay both are Residnet of Village - Rampur Bheryahi, P.s Kathaiya, District Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Bela Singh For the Opposite Party/s : Mr. Amit Kumarrakesh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-02-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of anticipatory bail arises out of Kathaiya P.S. Case No. 47 of 2015, disclosing offences under Sections 304B and 120B of the Indian Penal Code. Learned counsel for the petitioners submits that no case under Section 304B of the Indian Penal Code is made out, inasmuch as admittedly, marriage had taken place nearly 12 years before the date of occurrence. She further submits that the petitioners are ladies. Petitioner No.1 is the wife of the brother of the husband of the deceased whereas, petitioner no.2 is the mother-in-law of the deceased.

Patna High Court Cr.Misc. No.58324 of 2015 (2) dt.01-02-2016 Considering the fact that the petitioners are ladies and submissions as advanced on their behalf, this application is allowed.

Let the petitioners above-named, in the event of their arrest/surrender before the Court below within six weeks from today, 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 Sri V. K. Chaubey, Judicial Magistrate, Ist Class, Muzaffarpur in connection with Kathaiya P.S. Case No. 47 of 2015, subject to the conditions as laid down under Section 438 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) ArunKumar/- U