Madhuri Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16432 of 2017 Arising Out of PS.Case No. -23 Year- 2017 Thana -HILSA District- NALANDA (BIHARSHARIFF) ======================================================
1. Madhuri Devi, Wife of Shri Mantus Ram.
2. Mantus Ram, Son of Shri Nandu Ram.
Both Resident of Village- Chamhera, P.S. Ekangarsarai, District- Nalanda. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Braj Kishore Singh Chouhan, Advocate. For the Opposite Party/s : Mr. B.N. Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-06-2017 Heard Sri Braj Kishore Singh Chouhan, learned counsel for the petitioners, and Sri B.N. Pandey, learned A.P.P. for the State.
The petitioners in the present case are apprehending their arrest in Hilsa P.S. Case No. 23 of 2017 registered under Sections 304(B) and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that a bare perusal of the First Information Report would show that so far as these two petitioners are concerned there is no allegation of demand of dowry and they are not even members of the family of the husband of the deceased. Learned counsel further submits that
Patna High Court Cr.Misc. No.16432 of 2017 (2) dt.15-06-2017 2/2 these petitioners are distantly related and are Mamiya Sas and Sasur, both of them are residing at a distance of more than 25 km in a different Village and Anchal.
Learned A.P.P. for the State opposed the prayer for anticipatory bail, however, considering the facts and circumstances, particularly that the F.I.R. nowhere shows any specific allegation against these petitioners and they are said to be distantly related and are residing in a different village, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners, namely, Madhuri Devi and Mantus Ram, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in Hilsa P.S. Case No. 23 of 2017, subject to the conditions under Section 438(2) of the Code of Criminal Procedure. (Rajeev Ranjan Prasad, J) Dilip, AR U T