Shobha Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35524 of 2017 Arising Out of PS.Case No. -139 Year- 2017 Thana -JHAJHA District- JAMUI ======================================================

1. Shobha Devi wife of Ganesh Mathuri

2. Rahul Mathuri son of Ganesh Mathuri resident of village Purani Bazar, Balakbira, Police Station Jhajha, District Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. Sri Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-08-2017 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Jhajha P.S. Case No. 139 of 2017, disclosing offence under Sections 341,323,342,343,346,307,354,498A,504,506,384 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act. Petitioner No.1 is the mother-in-law and petitioner No.2 is the brother of the husband of the alleged informant. It is evident from the materials on record that matrimonial discord between them is the root cause for registration of the First Information Report. No purpose will be served, if the petitioners are taken into custody. It is submitted that the petitioners shall present

themselves before the police as and when required and there is no chance that they will tamper with the evidence or influence the witnesses.

Considering the nature of accusation and submissions advanced on behalf of the petitioners, this application is allowed. Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Jamui in Jhaja P.S. case No. 139 of 2017, 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, as 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) ArunKumar/- U