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Patna High CourtCR. MISC./70278/2018bail granted

Rinku Devi v. The State Of Bihar

2018-12-17Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70278 of 2018 Arising Out of PS. Case No.-59 Year-2018 Thana- KACCHWA District- Rohtas ====================================================== Rinku Devi, W/o Pintu Singh, Resident of Village- Danwar, P.S.- Kachhawan, District- Rohtas.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Kachhawan P.S Case No. 59 of 2018, disclosing offences under Sections 304-B of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.

The petitioner is the sister-in-law (Gotni) of the deceased.

Learned counsel, appearing on behalf of the petitioner, submits that whereas the occurrence is said to have taken place in the district of Rohtas, the petitioner resides with her husband at Dhanbad. He contends that there is no specific allegation of any demand of dowry made in the FIR, soon before the death of the deceased and, therefore, no offence

Patna High Court Cr.Misc. No.70278 of 2018(2) dt.17-12-2018 2/2 under Section 304-B of the IPC can be said to be made out. Considering the submissions, as noted above, this application is allowed. Let the petitioner above named, in the event of her arrest/surrender within six weeks from today in the Court below, 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 the learned S.D.J.M., Bikramganj, Rohtas in Kachhawan P.S. Case No. 59 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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

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