Patna High CourtCR. MISC./36808/2016bail granted

Kari Devi v. The State Of Bihar

2016-09-06Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36808 of 2016 Arising Out of PS.Case No. -323 Year- 2015 Thana -BALIA District- BEGUSARAI ======================================================

1. Kari Devi, W/o- Bisho Sah R/o vill- Paharpur P.s.- Ballia Dist.- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-09-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Ballia Police Station Case No. 323 of 2015, disclosing offences under Sections 304B/120B/201/34 of the Indian Penal Code.

The petitioner is the mother-in-law of the deceased.

It is alleged that the accused persons administered poison, leading to the death of the deceased. Learned Counsel appearing on behalf of the petitioner has submitted that there is no specific allegation against the petitioner of demand of dowry in the First Information Report.

Patna High Court Cr.Misc. No.36808 of 2016 (2) dt.06-09-2016 2/2 Considering the fact that the petitioner is a lady and mother-in-law of the deceased, against whom there is no specific allegation of demand of dowry or assault, this application is allowed.

Let the petitioner, Kari Devi, in the event of her arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Ballia Police Station Case No. 323 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 petitioner shall present herself before the police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √