Bibi Sonabhan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49576 of 2015 Arising Out of PS.Case No. -60 Year- 2014 Thana -BARARI District- KATIHAR ======================================================

1. Bibi Sonabhan , D/o Abdul Salam,

2. Bibi Gulnoor, W/o Abdul Salam, both are R/o Vill. - Kathotia, P.S. - Barari, District - Katihar.

....... Petitioners

Versus

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

For the Petitioners : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party : Mr. Khurshid Anwar, APP ===================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-12-2015 This is an application for grant of regular bail in favour of the petitioners who are accused in connection with Barari PS Case No. 60 of 2014 registered for the alleged offences punishable under Section 304B/34 of the Indian Penal Code, pending before the court of learned Judicial Magistrate 1st Class, Katihar.

Petitioner No. 1 is the mother of the husband of the deceased, whereas petitioner No. 2 is the sister of the husband of the deceased. It is submitted on behalf of the petitioners that the allegations of demand of dowry against the accused persons are general and omnibus and there is incorrect statement that the marriage was solemnized six years before the death of the deceased. He has submitted that the marriage had taken place more than seven years before the death of the deceased. He has

Patna High Court Cr.Misc. No.49576 of 2015 (2) dt.01-12-2015 2/2 also submitted that there is no allegation that immediately before the death of the deceased, any demand of dowry was made from the family members of the deceased.

Considering the submission as above and the fact that the petitioners are ladies, this application is allowed. Let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Shri Sunil Kumar, learned Judicial Magistrate 1st Class, Katihar, in Barari PS Case No. 60 of 2014.

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) mrl U T