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Patna High CourtCR. MISC./23719/2016bail granted

Chandrakala Devi And ANR v. The State Of Bihar

2016-05-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23719 of 2016 Arising Out of PS.Case No. -82 Year- 2014 Thana -SHIWAPATHI District- MUZAFFARPUR ======================================================

1. Chandrakala Devi wife of Jagdisgh Bhagat,

2. Santosh Bhagat son ot Jagdish Bhagat Resident of village- Raghai, P.s. Siwaipatti District-Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash, Adv. For the Opposite Party/s : Mr. Nitya Nand (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-05-2016 Heard learned counsels for the petitioners and the State. The petitioners being the mother and brother of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 498A, 304B and 201/34 of the Indian Penal Code.

The accusation is of torture and killing the daughter of the informant after three years of the marriage for non-fulfillment of the dowry demand.

It is submitted by learned counsel for the petitioners that the accusation against the petitioners is omnibus and general and thrust of accusation is against the husband of the victim. The petitioners claim to be separate from the husband of the victim. Moreover, the informant has retracted from his initial version and

Patna High Court Cr.Misc. No.23719 of 2016 (2) dt.26-05-2016 2/2 filed a petition to that effect before the learned court below. Considering the aforesaid facts, 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 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Judge-IX cum A.C.J.M., Muzaffarpur in connection with Shiwaipatti P.S. Case No. 82 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T