Nasir Ansari And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16403 of 2016 Arising Out of PS.Case No. -271 Year- 2015 Thana -BIHTA District- PATNA ======================================================
1. Nasir Ansari,
2. Salma Begam @ Salma Khatoon .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhirendra Nath Jha For the Opposite Party/s : Mr. J.N. Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-04-2016 Heard learned counsels for the petitioners and the State. The petitioners are languishing in custody since 4.10.2015 in a case registered for the offences punishable under Sections 498A and 304B/34 of the Indian Penal Code. The prosecution case is of killing the daughter of the informant after three years of marriage for non fulfillment of dowry demands. Though it is claimed by the accused that the victim was suffering from some ailment but no medical prescription has been brought on record nor there is viscera report on record.
It is submitted by the learned counsel for the petitioners that the accusation against the entire inlaws family including the petitioners is omnibus and general. The thrust of accusation is against the husband of the victim who is in custody. It is further
Patna High Court Cr.Misc. No.16403 of 2016 (2) dt.13-04-2016 2/2 submitted that the investigation has already concluded. Considering the fact that the investigation has already concluded, let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Danapur, Patna in connection with Bihta P.S. Case No. 271 of 2015.
The bail bonds of the petitioners will be accepted on filing of an individual affidavit by the petitioners before the learned court below that they will regularly cooperate in the investigation. The said affidavit will be transmitted by the learned court below to the concerned I.O. Non cooperation in the investigation will give liberty to the prosecution to file application before the learned court below to cancel bail bonds of the petitioners.
(Dinesh Kumar Singh, J) Anil/- U T