Bachchi Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37390 of 2015 Arising Out of PS.Case No. -80 Year- 2015 Thana -TARAIYA District- SARAN ======================================================

1. Bachchi Devi W/o Kishor Rai,

2. Shanti Devi @ Gyanti Devi, W/o Awadh Rai, Both are resident of village- Sareya, Ratnakar P.S. Taraiya, District- Saran at Chapra ....... Petitioners

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Sharda Kumari, APP ===================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-09-2015 Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Taraiya PS Case No.80 of 2015, disclosing offences under Sections 304B and 34 of the Indian Penal Code. The petitioners are the wives of the two brothers of the husband of the deceased. Learned counsel for the petitioners submits that even if the contents of the First Information Report are taken to be correct, no offence punishable under Section 304B IPC is made out against them inasmuch as there is no specific allegation against them of demand of dowry, immediately prior to the death of the deceased.

Keeping in view the relationship of these

Patna High Court Cr.Misc. No.37390 of 2015 (2) dt.11-09-2015 2/2 petitioners with the deceased and the fact that the petitioners are ladies, this application is allowed.

Let the petitioners above named, in the event of their arrest or surrender before the Court below within six weeks from today, 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, Saran at Chapra in Taraiya PS Case No. 80 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, 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