Kamni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47257 of 2015 Arising Out of PS.Case No. -62 Year- 2015 Thana -GOPALPUR District- BHAGALPUR ====================================================== Kamni Devi Wife of Brahamdeo Singh Resident of village - Navtoliya, P.S. Gopalpur, District - Bhagalpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s : Mr. Gopesh Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-02-2016 Heard learned counsel for the petitioner and learned counsel appearing for the State.

The petitioner, Kamni Devi being mother-in-law of one Soni Kumari, is apprehending her arrest in connection with Gopalpur P.S. Case No. 62 of 2015 registered for the offences punishable under Sections 498A and 304B/34 of the Indian Panel Code.

Learned counsel for the petitioner submits that save and except solitary statement that she and her son alongwith her husband were demanding a motor-cycle, there is no further material to show that the petitioner has participated in the alleged dowry death.

Learned counsel appearing on behalf of the State, after

Patna High Court Cr.Misc. No.47257 of 2015 (5) dt.17-02-2016 2/2 perusal of the case diary, submits that though there was alleged demand made by all persons in the family of the petitioner, there is no further cogent material so as to indicate that the petitioner had at all participated in the alleged acts of torture and also actively in the dowry death.

Considering the aforesaid facts and circumstances that the petitioner is an old lady and she has no criminal antecedent, let the petitioner, in the event of her arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Naugachia (Bhagalpur) in connection with Gopalpur P.S. Case No. 62 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Anjana Mishra, J.) ajaypd./- U T