Ram Nath Mishra And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47149 of 2017 Arising Out of PS.Case No. -57 Year- 2017 Thana -KALYANPUR District- SAMASTIPUR ======================================================
1. Ram Nath Mishra son of Late Nageshwar Mishra
2. Sunita Devi @ Suniti Devi wife of Ram Nath Mishra Both 1 and 2 are Resident of Village- Tira Jatmalpur, P.S.- Kalyanpur, District- Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shaishav Kumar For the Opposite Party/s : Mr. Sri Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-01-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Kalyanpur P.S. Case No. 57 of 2017, disclosing offences under Sections 304(B), 201/34 of the Indian Penal Code. The petitioner no. 1 is the father-in-law and petitioner no. 2 is the mother-in-law of the deceased.
Learned counsel appearing on behalf of the petitioners has submitted that, even if, the case of the prosecution as narrated in the First Information Report is treated to be correct, there is no specific allegation that any demand of dowry was made by these petitioners, though, there is omnibus allegations
Patna High Court Cr.Misc. No.47149 of 2017 (4) dt.04-01-2018 2/2 against all family members. Supplementary affidavit has been filed today, bringing on record medical prescriptions to make out a case that deceased was taken to hospital for treatment before she died and, therefore, no case under Section 304(B) of the IPC is made out.
Considering the submission that there is no specific allegation against these petitioners of demand of dowry, this application is allowed.
Let the petitioners, above named, in the event of their arrest of 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 Chief Judicial Magistrate, Samastipur in connection with Kalyanpur P.S. Case No. 57 of 2017 subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
(Chakradhari Sharan Singh, J) sushma/- U T