Munni @ Irsat And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6692 of 2019 Arising Out of PS. Case No.-200 Year-2018 Thana- GOPALPUR District- Bhagalpur ======================================================

1. Munni @ Irsat aged about 70 years, Gender - Female, Wife of Late Sakil Ahmad @ Kalil, Resident of Village- Rampur Bhatouli, P.S- Krityanand Nagar, Pyrnaudin, District- Purnea.

2. Bablu @ Badruddin, aged about 35 years, Gender- Male, Son of Ushman @ Kukha, Resident of Village - Fasiya, P. S. Sadar Purnea, District - Purnea. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Bijendra Kumar Singh, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act registered in connection with Gopalpur (Rangra) P.S. Case No. 200 of 2018.

3. It is submitted that the petitioners, who are mother-inlaw and Nandosi respectively of the informant, have been falsely implicated. It is submitted that petitioner no. 1 is living separately from the complainant/informant and so also, petitioner no. 2, who is Nandosi of the informant, has been living in his native village with his wife and children and as such neither of the petitioners has any concern with the day-to-day affair of the informant. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten

Patna High Court Cr.Misc. No.6692 of 2019(2) dt.08-02-2019 2/2 thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate III, Naugachhia in connection with Gopalpur (Rangra) P.S. Case No. 200 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That petitioner no. 1 will be well represented and petitioner no. 2 shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) BT/Chandran U T