Arjun Das And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.27877 of 2016 (5) dt.03-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27877 of 2016 Arising Out of PS.Case No. -83 Year- 2016 Thana -TEGHRA District- BEGUSARAI ======================================================

1. Arjun Das S/o Late Mogal Das

2. Parmila Devi @ Rajo Devi W/o Arjun Das Both residents of village - Bajalpura, P.S. Teghra, District - Begusarai .... .... Petitioners

Versus

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

For the Petitioners : Mr. Suneil Kumar Thakur, Advocate For the Opposite Party : Mr. Sri Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-10-2016 Since petitioner no.1, Arjun Das was arrested hence his application was directed to be dismissed as withdrawn vide order dated 05.08.2016.

Heard learned counsels for the petitioner no.2 and the State.

Petitioner no.2 being the father of the husband of the daughter of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498(A), 304(B)/34 of the Indian Penal Code read with 3/4 of the Dowry Prohibition Act.

The prosecution case is that the informant, namely, Sita Devi, was married with the co-accused Ram Babu Das about two years prior to lodging of the case. Subsequently the dowry demand

Patna High Court Cr.Misc. No.27877 of 2016 (5) dt.03-10-2016 of rupees one lack was made. The informant received information on 15.03.2016 through mobile phone that her daughter has been set on fire due to non-fulfilment of dowry demand. Thereafter the informant reached at the matrimonial house of her daughter to find her in unconscious state with burn injuries but while taking her to hospital she succumbed to burn injuries.

It is submitted by learned counsel for the petitioner that the paragraph nos. 23 and 38 of the case diary contains the statement of independent witnesses which suggests that the petitioner was not present at the place of occurrence. This fact has not been controverted by the learned counsel for the State. Considering the above fact, let the above named petitioner no.2, namely, Parmila Devi @ Rajo Devi be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai in connection with Teghra P.S.Case No.83 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) B.Kr./- U T