Babita Devi @ Babita Kumari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4486 of 2018 Arising Out of PS. Case No.-527 Year-2017 Thana- AMARPUR District- Banka ======================================================

1. Babita Devi @ Babita Kumari. Wife of Ghanshyam Ray,

2. Ghanshyam Ray, Son of Late Hari Prasad Ray, Both resident of Village- English, P.S.- Amarpur, DistrictBanka. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Singh For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in connection with Amarpur P.S. Case No. 527/2017 for offences punishable under Sections 304-B/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that her daughter solemnized love marriage with Rahul Kumar, son of the petitioners and went to her matrimonial house where she was tortured for non-fulfillment of demand of dowry and ultimately killed.

It has been submitted by the learned counsel for the petitioners that they are innocent and general and omnibus allegations have been levelled against them. He submits that

Patna High Court Cr.Misc. No.4486 of 2018(3) dt.20-02-2018 2/3 petitioners are languishing in judicial custody since 23.10.2017 charge-sheet having been submitted. He further submits that some of the witnesses have stated that the petitioners were not at the place of occurrence at that time, which has been supported by independent witnesses that the deceased was alone in the house.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record and that the husband of the deceased is already in custody and the petitioners are mother-in-law and father-in-law of the deceased, let petitioners, above named, be enlarged on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Amarpur P.S. Case No. 527 of 2017, subject to the following conditions :

(i) One of the bailors would be a close relative of the petitioners having sufficient immovable property, who will file an affidavit stating his relationship with the petitioners. (ii) Petitioners will appear before the learned court below during trial as and when required and failure to appear on two

Patna High Court Cr.Misc. No.4486 of 2018(3) dt.20-02-2018 3/3 consecutive dates without assigning any reason will entail cancellation of their bail bonds.

(Nilu Agrawal, J) Rajesh/- U T