Sita Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32397 of 2015 Arising Out of PS.Case No. -494 Year- 2014 Thana -SAUR BAZAR District- SAHARSA ======================================================
1. Sita Devi, W/o Raj Kumar Sah,
2. Raj Kumar Sah, S/o Bino Sah Both are residents of Village Khajuri, P.S. Saur Bazar, District Saharsa.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Yogendra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-08-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application for grant of anticipatory bail arises out of Saur Bazar P.S. Case No. 494 of 2014, disclosing offences under Sections 304 B and 201/34 of the Indian Penal Code. Petitioner no. 1 is the sister of the husband of the deceased, whereas petitioner no. 2 is the husband of petitioner no.1.
It is submitted on behalf of the petitioners, referring to the First Information Report, that there is absolutely no allegation of demand of dowry by these petitioners, immediately before the alleged occurrence took place on 04.11.2014.
I find substance in the submission made on behalf of
Patna High Court Cr.Misc. No.32397 of 2015 (2) dt.13-08-2015 2/2 the petitioners, this application is, accordingly, allowed. Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saur Bazar P.S. Case No. 494 of 2014, subject to the condition 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.) Vats/- U T