Ram Awatar Thakur And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.58133 of 2015 (3) dt.23-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58133 of 2015 Arising Out of PS.Case No. -77 Year- 2014 Thana -BHELDI District- SARAN ======================================================

1. Ram Awatar Thakur S/o Late Budhan Thakur

2. Reena Devi @ Renu Devi W/o Ram Awatar Thakur Both are r/o village - Gopalpur P.S.- Bheldi District- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anant Kumar Bhaskar For the Opposite Party/s : Mr. A.A.Khan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-02-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor, appearing on behalf of the State. This application arises out of Bheldi P.S. Case No. 77 of 2014, disclosing offences under Section 304B/34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act. The petitioners are the father-in-law and mother-in-law of the deceased. It is the submission on behalf of the petitioners that there is no specific allegation against these petitioners that soon before the death of the deceased, any demand for dowry was made. He also submits that the deceased as a matter of fact, died due to food poisoning and diarrhoea for which she was treated by a local doctor. It has further been submitted that since there is no

Patna High Court Cr.Misc. No.58133 of 2015 (3) dt.23-02-2016 chance of the petitioners tampering with the evidence in view of the nature of allegation and fleeing from the course of trial, no tangible purpose would be served if they are taken into custody in the present case.

Considering the submissions as above, this application is allowed. Let petitioners above-named in the event of their/arrest within four 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 Chief Judicial Magistrate, Saran at Chapra in connection with Bheldi P.S. Case No. 77 of 2014, 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