Raj Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58525 of 2015 Arising Out of PS.Case No. -76 Year- 2015 Thana -PIRBAHOR District- PATNA ====================================================== Raj Kumari Devi W/O Vikash Chandra, R/O Mohalla- Musallahpur Mahavir Lane, P.S- Pirbahore, Dist.- Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Binod Kumar Singh, Advocate For the Opposite Party/s : Mr. Zainul Abedin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-01-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Pirbahore P.S. Case No. 76 of 2015, disclosing offences under Sections 304B/34 of the Indian Penal Code.

Learned counsel for the petitioner appears to be right in his submission that on the basis of contents of the First Information Report, no offence under Section 304B of the Indian Penal Code is made out in the absence of any allegation that there was any demand of dowry made by the in-laws of the deceased at any time before her death. The petitioner is the mother-in-law of the deceased. Another co-accused Pankaj Kumar, the brother of the husband of the deceased and he granted privilege of

Patna High Court Cr.Misc. No.58525 of 2015 (2) dt.21-01-2016 2/2 anticipatory bail by this Court vide order dated 16.12.2015 passed in Criminal Miscellaneous No. 43839 of 2015.

Considering the above facts and circumstances and the submissions made on behalf of the petitioner, this application is allowed.

Let the petitioner, above-named, in the event of her 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) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Pirbahore P.S. Case No. 76 of 2015, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present herself before the police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/- U T