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Patna High CourtCR. MISC./21773/2015bail granted

Gita Devi v. The State Of Bihar

2015-05-20Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21773 of 2015 Arising Out of PS.Case No. -31 Year- 2014 Thana -KHAJAULI District- MADHUBANI ======================================================

1. Gita Devi W/O- Bhogendra Yadav resident of village- Chhapradhi, P.S.- Khajauli, District- Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prakash Kumar For the Opposite Party/s : Mr. Tapeshwar Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-05-2015 Heard learned counsels for the petitioner and the State. The petitioner being mother of the husband of the victim is apprehending arrest in a case registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

The accusation is of killing the sister of the informant after 6-7 years of marriage for non fulfillment of dowry demands. It is submitted by the learned counsel for the petitioner that the husband and the father in law of the victim were initially chargesheeted but they have been acquitted vide S.T. No. 288 of 2014 by the learned Sessions Judge, Madhubani. Statement to that effect has been made in paragraph 10 of the petition. It is further submitted that the informant deposed in the trial of the husband

Patna High Court Cr.Misc. No.21773 of 2015 (2) dt.20-05-2015 2/2 and father in law of the victim as P.W. 3 and has not supported the prosecution case. The victim died after 12 years of marriage. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Madubani in connection with Khajauli P.S. Case No. 31 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

The learned court below shall be at liberty to cancel the bail bonds of the petitioner in case the petitioner defaults without any reasonable cause on three consecutive occasions. (Dinesh Kumar Singh, J) Anil/- U T