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Patna High CourtCR. MISC./51758/2018bail granted

Yashoda Devi And ANR v. The State Of Bihar

2018-11-02Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51758 of 2018 Arising Out of PS. Case No.-133 Year-2018 Thana- ISLAMPUR District- Nalanda ======================================================

1. Yashoda Devi, W/o Arjun Chauhan,

2. Kamu Chauhan @ Kaumu Chauhan, S/o Arjun Chauhan, Both R/o Vill.- Mujahidpur, P.S.- Islampur, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumari Sujata Sinha For the Opposite Party/s :

Mr. Sri S.M. Rahman For the Informant :

Mr. Vibhuti Ranjan Sarvodra ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-11-2018 Heard learned counsel for the petitioners, as well as learned counsel for the informant and learned APP for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 304(B)/34, 328 of the Indian Penal Code.

The petitioners are relations of the husband of the victim of dowry death. Allegation is of demand of dowry and torture for the same.

Submission is that petitioners belong to a very poor family. They do not have any habitable house. In the circumstances, it is unbelievable that demand of motorcycle etc. would be made by the petitioner. Moreover, general tendency is growing on to rope the family members also, if the allegation are

Patna High Court Cr.Misc. No.51758 of 2018(3) dt.02-11-2018 2/2 to some extent acceptable.

Considering the facts and material in the case diary, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Islampur Police Station Case No.133 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioners.

(Birendra Kumar, J) abhishek/- U T