Aarti Devi @ Atiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 48423 of 2016 Arising out of P.S. Case No. - 49 Year - 2016 Thana - KHUSRUPUR District - PATNA ====================================================== Aarti Devi @ Atiya Devi, W/o Sri Naresh Singh, R/o Village - Kelwariya, P.S. Khusarupur, District - Patna .... .... Petitioner

Versus

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

For the Petitioner : Mr.

For the Opposite Party : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-02-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.

Babita Devi, the sister of the informant died in her matrimonial house in unnatural circumstances. Allegation against the petitioner is that he has caused death of Babita Devi by burning her.

Submission of the petitioner is that there is no allegation of demand of dowry in the FIR. The husband is not an accused in this case. There is no eye-witness of the occurrence. However, in the subsequent investigation, some of the witnesses alleged demand of dowry as reason for the commission of

Patna High Court Cr.Misc. No.48423 of 2016 (3) dt.09-02-2017 2/2 aforesaid death.

Considering the entire facts and circumstances as stated above as well as the fact that the petitioner is a female, let the petitioner, above named, in the event of her 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.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City, Patna/Successor Court in connection with Khusrupur Police Station Case No. 49 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Kundan (Birendra Kumar, J) U T