Anita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25288 of 2016 Arising Out of PS.Case No. -19 Year- 2015 Thana -KUDHNI District- BHABHUA (KAIMUR) ====================================================== Anita Kumari Daughter of Kripa shankar Yadav Resident of VillageMorath, PS Kudhani, District Kaimur at Bhabhua. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Parwej Khan For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 21-06-2016 Learned counsel for the petitioner is permitted to make necessary correction in the petition. The petitioner being the unmarried sister of the husband of the victim is apprehending her arrest in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. The prosecution case is of killing the daughter of the informant within six months of the marriage for non-fulfillment of the dowry demand of rupees forty thousand and motorcycle.

It is submitted by learned counsel for the petitioner that the accusation is omnibus and general and petitioner is a unmarried girl. The thrust of accusation is against

Patna High Court Cr.Misc. No.25288 of 2016 (2) dt.21-06-2016 2/2 the husband of the victim, who is in custody. Though, the postmortem report has not been brought on record nor learned Sessions Judge has discussed about the injury but it is submitted that the post-mortem report reflects that the victim died due to hanging.

Considering the only fact that the petitioner is a unmarried girl and accusation is not specific against her, let the above named petitioner be released anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Kaimur at Bhabua in connection with Kudhani P.S. Case No. 19 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T