Sabita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62121 of 2019 Arising Out of PS. Case No.-721 Year-2016 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== 1.

SABITA DEVI Son of Late Chhotan Choudhary Resident of Village - Chandwara, Azad Road, P.S.- Muzaffarpur Town, Dist.- Muzaffarpur. 2.

Pankaj Kumar Son of Late Chhotan Choudhary Resident of Village - Chandwara, Azad Road, P.S.- Muzaffarpur Town, Dist.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-01-2020 Petitioners seek bail in anticipation of their arrest in connection with (Muzaffarpur) Town P.S. Case No. 721 of 2016 registered for the offence punishable under Section 304B of the Indian Penal Code.

As per FIR petitioners happen to be mother-in-law and husband of the deceased and the case is of dowry death. Submission of learned counsel for the petitioners is that except suspicion no specific allegation has been attributed against them and marriage was solemnized in 2009 and as a matter of fact she has committed suicide.

Heard learned APP, who has opposed the prayer for anticipatory bail, however, could not controvert the submission

Patna High Court CR. MISC. No.62121 of 2019(3) dt.08-01-2020 2/2 that no specific allegation has been attributed so far petitioner No.1, mother-in-law is concerned, who is aged about 60 years. In view of above facts and circumstances, let petitioner No.1, in the event of surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, in connection with (Muzaffarpur) Town P.S. Case No. 721 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned. So far petitioner No.2 is concerned, I am not inclined to grant him the privilege of anticipatory bail. This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) spal/- U T