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Patna High CourtCR. MISC./61071/2018bail granted

Binda Devi And ANR v. The State Of Bihar

2018-11-06Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61071 of 2018 Arising Out of PS.Case No. -358 Year- 2017 Thana -UDWANTNAGAR District- BHOJPUR ======================================================

1. Binda Devi, Wife of Baban Turha,

2. Anil Turaha @ Anil Kumar, Son of Baban Turha, Both Resident of Village- Barkagaon (Akhtiarpur), P.S. Udwant Nagar, District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh, Adv For the Opposite Party/s : Mr. Smt. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-11-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 304(B)34 of the Indian Penal Code.

The petitioners are mother and brother of the husband of the victim of dowry death. Husband is already in custody. There is general and omnibus allegation of demand of dowry and torture for the same before death. Submission is that though allegation is of poisoning the victim to death, however, the same has not been supported by any eye witness or other reliable evidence.

Patna High Court Cr.Misc. No.61071 of 2018 (3) dt.06-11-2018 2/2 Considering the general and omnibus nature of allegation, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Udwant Nagar P.S.Case No. 358 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Nitesh/- U T