Rambha Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7396 of 2017 Arising Out of PS.Case No. -28 Year- 2014 Thana -DHAMDAHA District- PURNIA ======================================================
1. Rambha Devi, wife of Paltu Thakur,
2. Anil Thakur, son of late Raghuni Thakur, both resident of villageChandrahi, P.S.- Dhamdaha, District- Purnia. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Roy, Advocate For the Opposite Party/s : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 08-03-2017 Heard learned counsel for the Petitioners and the State.
The Petitioners apprehend their arrest in Dhamdaha P.S. Case No.28 of 2014 instituted for the offence under Section(s) 304-B/34 Indian Penal Code.
It has been submitted that there is no allegation against the petitioner No.1, who is sister-in-law (Gotani) of the deceased. It has further been submitted that death took place after 7-8 years of marriage.
From the written report, it appears that there is allegation against petitioner No.2 that he used to commit torture with daughter of the informant. It is also alleged that petitioner No.2 had also admitted in Panchayati about committing torture
Patna High Court Cr.Misc. No.7396 of 2017 (3) dt.08-03-2017 2/3 with daughter of the informant and assured that he will not repeat such act in future.
In such circumstances, there is specific allegation against petitioner No.2.
Therefore, this Court is not inclined to extend privilege of anticipatory bail to petitioner No.2-Anil Thakur. Prayer of petitioner No.2-Anil Thakur for grant of anticipatory bail is rejected.
Petitioner No.2 may surrender before the Court below and seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order.
So far petitioner No.1- Rambha Devi is concerned, she is sister-in-law (Gotani) of the deceased and there is no specific allegation against her.
In the facts and circumstances of the case, prayer of the petitioner No.1-Rambha Devi, for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner No.1, named above, within six weeks from today in connection with Dhamdaha P.S. Case No.28 of 2014, she shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court Cr.Misc. No.7396 of 2017 (3) dt.08-03-2017 3/3 satisfaction of the Chief Judicial Magistrate, Purnia, subject to the conditions as laid down under Section 438(2) Cr. P. C. (Sanjay Priya, J) JA/- U T