Patna High CourtCR. MISC./7583/2016bail granted

Lilawati Devi v. The State Of Bihar

2016-03-17Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7583 of 2016 Arising Out of PS.Case No. -125 Year- 2015 Thana -NAWINAGAR District- AURANGABAD ======================================================

1. Lilawati Devi Wife of Ramdeo Singh, Resident of Village - Bhusauli(Tendua), P.S. - Navinagar, District - Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajendra Kumar Jain For the Opposite Party/s : Mr. Tapeshwar Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-03-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Nabinagar Police Station Case No. 125 of 2015, disclosing offences under Section 304B/34 of the Indian Penal Code.

The petitioner is the mother-in-law of the deceased.

Learned Counsel for the petitioner submits that there is no specific allegation against the present petitioner of demand of dowry. The allegation is general and omnibus. He has further submitted that strictly speaking, no offence under Section 304B of the Indian Penal Code is made out, there being no allegation that soon before the death of the

Patna High Court Cr.Misc. No.7583 of 2016 (2) dt.17-03-2016 2/2 deceased, there was any demand of dowry.

Considering the aforesaid submission and the fact that the petitioner is a lady, this application is allowed. Let the petitioner, Lilawati Devi, in the event of her arrest or surrender before the Court below within six weeks, 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, Aurangabad, in connection with Nabinagar Police Station Case No. 125 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √