Reshami Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8570 of 2016 Arising Out of PS.Case No. -197 Year- 2014 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Reshami Devi W/o Shiv Shankar Yadav

2. Marachhi Devi W/o Late Raghuni Yadav Both residents of Village - Ekrahiya, Police Station : Chanpatiya (Sirisiya), District : West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Adya Singh For the Opposite Party/s : Mr. A.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-02-2016 Heard learned counsels for the petitioners and the State. The petitioners being brother's wife and mother of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304B,201 and 120B of the Indian Penal Code.

The accusation is of killing the daughter of the informant after six years of marriage for non fulfillment of dowry demands.

It is submitted by the learned counsel for the petitioners that in fact the victim was married with Mantosh Yadav about eight years prior to the death of the victim hence the case does not come within the purview of section 304B IPC. The informant has

Patna High Court Cr.Misc. No.8570 of 2016 (2) dt.23-02-2016 2/2 been examined as P.W. 5 during trial of the husband of the victim where she stated that the marriage was performed ten years prior to the death of the victim. All the witnesses including the informant have gone hostile.

Considering the aforesaid facts and the fact that the petitioners are ladies, let the above named petitioners 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) each with two sureties of the like amount each to the satisfaction of learned CJM, West Champaran at Bettiah in connection with Chanpatiya (Sirisiya) P.S. Case No.197 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 petitioners in case the petitioners default without any reasonable cause on three consecutive occasions. (Dinesh Kumar Singh, J) Anil/- U T