Malti Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39596 of 2017 Arising Out of PS.Case No. -23 Year- 2017 Thana -MAHILA PS District- AURANGABAD ======================================================

1. Malti Devi wife of Ganesh Singh

2. Gautam Kumar, son of Ganesh Singh

3. Gudia Kumari alias Vandana Shekhar daughter of Ganesh Singh All are resident of village-Nabinagar, Bus Stand, Infront of Central Bank, Police Station-Nabinagar, District-Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilendu Kumar Choudhary For the Opposite Party/s : Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-08-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of A.Bad Mahila P.S. Case N0. 23 of 2017, disclosing offences under Sections 342,498A,307,323,504,506/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. Petitioner Nos. 1 and 2 are the mother-in-law and brother of the husband of the informant respectively. The petitioner No.3 is unmarried sister of the husband of the informant.

It has been submitted that there is no specific allegation against these petitioners in the First Information Report and no offence under Section 307 of the Indian Penal Code is made out on the basis of what has been alleged in the First Information Report. I find substance in the

submission advanced on behalf of the petitioners. It is submitted that the petitioners shall present themselves before the police as and when required and there is no chance that they will tamper with the evidence or influence the witnesses.

Considering submissions advanced on behalf of the petitioners, this application is allowed.

Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Aurangabad in Aurangabad Mahila P.S. Case No. 23 of 2017, subject to the conditions as 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) ArunKumar/- U