Mina Devi And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.1636 of 2016 (6) dt.28-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1636 of 2016 Arising Out of PS.Case No. -188 Year- 2015 Thana -BELAGANJ District- GAYA ======================================================

1. Mina Devi wife of Late Kanhai Ram

2. Rinki Devi, daughter of Late Kanhai Ram, Both are residents of village - Ore, Police Station - Belaganj, District - Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Lallan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-01-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Belaganj Police Station Case No. 188 of 2015, disclosing offences under Sections 304(B) and 34 of the Indian Penal Code.

According to the prosecution, when the daughter of the informant went to her matrimonial home then on non-fulfillment of demand of dowry, she was subjected to torture and thereafter killed by strangulation. Learned Counsel for the petitioners has submitted that these petitioners happen to be mother-inlaw and sister-in-law of the deceased and have no concern with the alleged occurrence. From perusal of the F.I.R.

Patna High Court Cr.Misc. No.1636 of 2016 (6) dt.28-01-2017 itself, it appears that there is no specific allegation against these petitioners and merely on the suspicion these petitioners have been implicated in this case. Besides that, there is no eye witness to the alleged occurrence to prove the involvement of these petitioners in the alleged occurrence. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case and the nature of allegation, let these petitioners, in the event of their arrest or surrender before the Court below within six weeks, 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 learned Additional Chief Judicial Magistrate-III, Gaya, in connection with Belaganj Police Station Case No. 188 of 2015, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T