Patna High CourtCR. MISC./40981/2016bail granted

Chanda Devi v. The State Of Bihar

2016-09-26Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40981 of 2016 Arising Out of PS.Case No. -70 Year- 2015 Thana -VALMIKINAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Chanda Devi wife of Subodh Ram Resident of Village-Jharharwa, P.S.- Valmikinagar, Distt- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-09-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Valmikinagar Police Station Case No. 70 of 2015, disclosing offences under Sections 498A/326/304B/ 34 of the Indian Penal Code.

The petitioner is married sister of the husband of the deceased, who was married to the petitioner's brother on 01.06.2015.

There is allegation of demand of dowry and torture therefor in the First Information Report. Learned Counsel appearing on behalf of the petitioner has submitted that there is no specific allegation against her of demand of dowry and that she is living with

Patna High Court Cr.Misc. No.40981 of 2016 (2) dt.26-09-2016 2/2 her in-laws ever since her marriage.

Considering the submission that there is no specific allegation against the petitioner of demand of dowry and she is married sister of the husband of the deceased, this application is allowed.

Let the petitioner, Chanda Devi, in the event of her arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Shri A. K. Singh, learned Judicial Magistrate, 1st Class, Bagah, West Champaran, in connection with Valmikinagar Police Station Case No. 70 of 2016, subject to the condition 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 bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/-c U √ T √