IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1831 of 2011
Halia Devi alias Hailia Devi and others .... Petitioners
Versus
State of Jharkhand ... Opposite Party
Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY
For the petitioner (s): Mr.Prabir Chatterjee
For the Opposite Party : Addl.P.P.
07.09.2011
Heard the learned counsel for the petitioners and the learned
counsel for the State.
This is an application for grant of anticipatory bail filed by the
petitioners in connection with CP case No. 2136 of 2010 for the offence
registered under sections 498A/304B of the Indian Penal Code .
It reveals from the complaint that Rina Devi, daughter of the
informant, was subjected to torture and treated with cruelty for want of more
dowry and she was admitted to PMCH, Dhanbad, and in course of treatment,
she died on 7.11.2010. When the Police did not take action, the informant
lodged this case.
It is submitted that according to Hospital record and the
death certificate, the deceased died natural death due to cerebal malaria. Further
more, the case has been lodged after about a month of the date of the death of
the deceased, and the husband of the deceased has been granted regular bail
by the Sessions Judge vide B.P. No. 749 of 2011. Petitioners are father in law,
mother in law and brother in law of the deceased.
Learned counsel for the State has opposed the prayer.
Considering the fact that the husband has been granted bail
and the deceased died due to cerebral malaria, I feel inclined to grant
anticipatory bail to the petitioners. Accordingly, petitioners, Halia Devi alias hailia
Devi, Bhulu Sao and Mantu Sao, are directed to surrender before the court
below within a fortnight positively from the date of this order and on their
surrender, they shall be released on bail on furnishing bail bond of Rs.10,000/-
(rupees ten thousand) each with two sureties of the like amount each to the
satisfaction of Sri Akhilesh Kumar, Judicial Magistrate, 1st Class, Dhanbad, in
connection with CP case No. 2136 of 2010, subject to the conditions laid down
under section 438(2) Cr.P.C.
Ambastha/- ( D.N.Upadhyay,J.)