Patna High CourtCR. MISC./69879/2019bail granted

Habiban Bibi v. The State Of Bihar

2019-12-18Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69879 of 2019 Arising Out of PS. Case No.-254 Year-2019 Thana- MANJHI District- Saran ====================================================== HABIBAN BIBI W/o late Hazrat Ansari Resident of Village - Kalan, P.S.- Manjhi, Distt.- Saran (Chapra).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the parties.

This application for regular bail arises out of Manjhi P.S. Case No. 254 of 2019, disclosing the offence under Sections 304-B/34 of the Indian Penal Code.

The petitioner is mother-in-law of the deceased. Learned counsel for the petitioner contends that there is no specific allegation against the petitioner of having ever made any demand of dowry and, therefore, no offence under Section 304-B of the IPC is made out. The petitioner is in custody since 02.09.2019.

Learned counsel appearing on behalf of the informant opposing the prayer for bail has submitted that the deceased was a pregnant woman and since a case under Section 304-B is

Patna High Court CR. MISC. No.69879 of 2019(2) dt.18-12-2019 2/2 made out, the petitioner does not deserve her release on bail. However, considering the submission that there is no specific allegation against the petitioner of ever having made any demand for dowry and the fact that she is in custody since 02.09.2019, this application is allowed.

Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned Additional Chief Judicial Magistrate-XIV, Chapra, Saran in Manjhi P.S. Case No. 254 of 2019.

This is subject to the condition that the petitioner shall present himself before the Police/ Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Rajesh/- U T