Bharat Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17470 of 2016 Arising Out of PS.Case No. -296 Year- 2015 Thana -SUGAULI DistrictEASTCHAMPARAN (MOTIHARI) =====================================

1. Bharat Sah, S/o Late Pilu Sah

2. Uma Devi, W/o Bharat Sah Both resident of village- Dharampur, P.S.- Sugauli, DistrictEast Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s :Mr. Pramod Kr. Pandey, Adv. For the Opposite Party/s :Mr. Md. Sufiyan (App) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2016 The certified copy of the First Information Report on behalf of the petitioners has been filed in course of the day. Let it be kept on record.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Sugauli P.S. Case No.296 of 2015, disclosing offences under Sections 304B/34 of the Indian Penal Code.

Patna High Court Cr.Misc. No.17470 of 2016 (4) dt.13-07-2016 2/3 The petitioners are father-in-law and motherin-law of the deceased. It is submitted on behalf of the petitioners that there is no specific allegation against these petitioners of demand of dowry or torture therefore. It has also been submitted on their behalf that it has not been alleged in the First Information Report that soon before the death of the deceased, the said demand of dowry was made.

Learned Additional Public Prosecutor, appearing on behalf of the State, has opposed the prayer for bail and his submitted that the involvement of these petitioners has transpired in course of the investigation.

However, considering the facts and circumstances of the case, particularly the fact that there is no specific allegation against these two petitioners in the First Information Report, this application is allowed. Let the petitioners, abovenamed, in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, in connection with Sugauli P.S. Case No.296 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

Patna High Court Cr.Misc. No.17470 of 2016 (4) dt.13-07-2016 3/3 This is subject to the condition that the petitioners, abovenamed, shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T