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Patna High CourtCR. MISC./15190/2016bail granted

Rina Devi And ANR v. The State Of Bihar

2016-07-11Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15190 of 2016 Arising Out of PS.Case No. -244 Year- 2015 Thana -MAJHAHGARH District- GOPALGANJ ======================================================

1. Rina Devi wife of Hare Ram Kushwaha

2. Hari Shankar Kushwaha son of Late Godhan Kushwaha @ Godhan Bhagat Both residents of Village - Koini, P.S. - Manjhagarh, District : - Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Indrajeet Bhushan For the Opposite Party/s : Mr. S.M.Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-07-2016 A certified copy of the First Information Report has been filed in Court today. Let it be kept on record. Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Manjhagarh P.S. Case No. 244 of 2015, disclosing offence under Section 304B/34 of the Indian Penal Code.

Petitioner No.2 is the brother of the husband of the deceased, whereas, petitioner No.2 is the wife of one of the brothers of the husband.

Learned counsel for the petitioners has submitted that there is no specific allegation of demand of dowry or torture, therefor, against these petitioners. It has also been submitted that in similar

circumstance, co-accused Jai Ram Kushwaha @ Jai Ram Bhagat has been granted anticipatory bail by this Court vide order, dated 24.06.2016, passed in Cr. Misc. No. 12666 of 2016. Considering the above, this application is allowed. Let the petitioners above-named in the event of their arrest/surrender within four weeks from today in the Court below, 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 the learned Chief Judicial Magistrate, Gopalganj in connection with Manjhagarh P.S. Case No. 244 of 2015 ( G.R. No. 3576 of 2015), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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) ArunKumar/- U