Rampati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26861 of 2019 Arising Out of PS. Case No.-150 Year-2018 Thana- WAJIRGANJ District- Gaya ====================================================== RAMPATI DEVI, Wife of Rampati Das, Resident of Village - Dhandhar, P.S.- Wazirganj, Distt - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Syed Asgher Najmi For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for anticipatory bail, arises out of Wazirganj Police Station Case No. 150 of 2018, disclosing offences punishable under Sections 304(B)/34 of the Indian Penal Code.

The petitioner is mother-in-law of the deceased. Learned Counsel on behalf of the petitioner has submitted that there is no allegation against this petitioner of any overt act. It has also been argued that there is no allegation of demand of dowry made by this petitioner in the First Information Report and, therefore, no case of commission of offence under Section 304(B) of the Indian Penal Code can said

Patna High Court CR. MISC. No.26861 of 2019(2) dt.24-04-2019 2/2 to be made out.

I find force in submission so advanced on behalf of the petitioner. This application is, accordingly, allowed. Let the petitioner, Rampati Devi, in the event of his 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 the learned Chief Judicial Magistrate, Gaya, in connection with Wazirganj P.S. Case No. 150 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 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 bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) ragini/- U T