Tara Muni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37913 of 2019 Arising Out of PS. Case No.-51 Year-2019 Thana- KOCHAS District- Rohtas ====================================================== 1.

Tara Muni Devi W/o Jitan Ram R/o village- Laheri, P.S.- Kochas, Distt.- Rohtas 2.

Kamlesh Ram S/o Subash Ram R/o village- Laheri, P.S.- Kochas, Distt.- Rohtas 3.

Meera Devi W/o Ashok Ram R/o village- Laheri, P.S.- Kochas, Distt.- Rohtas ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-06-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Kochas P.S. Case No. 51 of 2019 for the offence punishable under Section 304(B)/34 of the Indian Penal Code. Petitioner No. 1 is mother-in-law of the deceased, whereas petitioner No. 2 is cousin of the husband of the deceased. Petitioner No 3 is married sister of the husband of the deceased.

Referring to the First Information Report, learned counsel appearing on behalf of the petitioners has submitted that there is vague allegation of physical torture and demand of

Patna High Court CR. MISC. No.37913 of 2019(2) dt.21-06-2019 2/3 dowry in the First Information Report. He has submitted that as per the First Information Report, the marriage of the deceased with the son of petitioner No. 1 was solemnized nearly six years before the death of the deceased. According to him, no offence under Section 304(B) of the Indian Penal Code can be said to be made out in view of the vagueness of the allegation in the First Information Report.

Considering the nature of allegation in the First Information Report and the relationship of these petitioners with the deceased, this application is allowed.

Let the petitioners above named, in the event of their arrest/surrender within six 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 C.J.M., Sasaram, Rohtas, in Kochas P.S. Case No. 51 of 2019, 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,

Patna High Court CR. MISC. No.37913 of 2019(2) dt.21-06-2019 3/3 their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T