Patna High CourtCR. MISC./24768/2016bail granted

Raj Pati Devi v. The State Of Bihar

2016-06-14Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.24768 of 2016 (2) dt.14-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24768 of 2016 Arising Out of PS.Case No. -6 Year- 2016 Thana -SARAIYA District- MUZAFFARPUR ======================================================

1. Raj Pati Devi, wife of Ramesh Roy, resident of Village-Parahiyan, P.S.+ P.O.- Saraiya, District-Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mani Bhushan Kumar For the Opposite Party/s Mr. Parmeshwar Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 14.06.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner being mother-in-law of the deceased apprehends her arrest in connection with Saraiya P.S. Case no. 06/2016 registered under sections 304B, 201/34 of the Indian Penal Code.

The day and year of the marriage has not been disclosed in the written report nor there is any allegation of illegal demand against the petitioner and other accused in the written report of the informant but in spite of that officer-incharge of Saraiya police station registered the case under section 304B of the Indian Penal Code.

It appears that the concerned officer-in-charge does not know even the basic ingredient of section 304B of the Indian Penal Code.

Patna High Court Cr.Misc. No.24768 of 2016 (2) dt.14-06-2016 Moreover, husband of the petitioner has already been enlarged on anticipatory bail by a coordinate bench of this court vide order dated 5.5.2016 passed in Cr. Misc. No.20033/2016. Accordingly, it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in Saraiya P.S. Case no. 06/2016 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T