Patna High CourtCR. MISC./19313/2018bail granted

Babita Devi And ANR v. The State Of Bihar

2018-04-05Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.19313 of 2018 (2) dt.05-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19313 of 2018 Arising Out of PS.Case No. -200 Year- 2017 Thana -DHANAHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Babita Devi, W/o Ramprakah Kushwaha

2. Ramprakash Kushwaha, S/o Jagarnath Kushwaha, Resident of villageMurgahawa, Police Station- Dhanaha, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 05.04.2018 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Dhanaha P. S. case no. 200/2017 registered under sections 304B and 201/34 of the Indian Penal Code. Petitioner no.1 is Gutani whereas petitioner no.2 is Bhaisur of the deceased and it is alleged that the deceased was subjected into cruelty by her in-laws including her husband due to non-fulfillment of illegal demand of dowry and subsequently, she was killed by her in-laws. Submission on behalf of the petitioners is that no specific overt-act has been attributed against these

Patna High Court Cr.Misc. No.19313 of 2018 (2) dt.05-04-2018 petitioners and moreover, mother-in-law of the deceased has already been granted anticipatory bail by a coordinate bench of this court whereas husband and father-in-law have already been remanded in judicial custody.

Considering the facts and circumstances of the case as well as submissions of the parties, 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 petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate, Bagaha, West Champaran in Dhanaha P. S. case no. 200/2017 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T