Gobardhan Sah And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7770 of 2016 Arising Out of PS.Case No. -264 Year- 2015 Thana -KUDRA District- BHABHUA (KAIMUR) ======================================================

1. Gobardhan Sah Son of Late Devnath Sah

2. Sudeshara Devi Wife of Gobardhan Sah Both resident of village - Awaraiya, P.S. Kudra, District - Kaimur ( Bhabhua ) .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Vinod Kumar Seth For the Opposite Party/s : Mr. Md.Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 31-03-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Kudra Police Station Case No. 264 of 2015, disclosing offences under Sections 304B/201/34 of the Indian Penal Code.

The petitioner no. 1 is the father-in-law of the deceased; whereas, petitioner no. 2 is the mother-in-law of the deceased.

Learned Counsel for the petitioners submits that there is no allegation in the First Information Report that soon before the date of death of the deceased, there was any demand of motorcycle as dowry or there is any

Patna High Court Cr.Misc. No.7770 of 2016 (2) dt.31-03-2016 2/2 allegation that any dowry was demanded as consideration for marriage.

Considering the facts and circumstances, this application is allowed.

Let the petitioners, namely, Gobardhan Sah and Sudeshara Devi, in the event of their arrest or surrender before the Court below within six weeks, 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 learned Chief Judicial Magistrate, Bhabhua, in connection with Kudra Police Station Case No. 264 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present himself 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.) Prabhakar Anand/- U √ T √