Maneera Khanam @ Manira Khatoon And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38681 of 2014 Arising Out of PS.Case No. -216 Year- 2013 Thana -SARAI District- VAISHALI(HAJIPUR) ======================================================
1. Maneera Khanam @ Manira Khatoon Wife of Md. Nayeem Khan
2. Nazneen Khanam @ Nazni Kharam Wife of Faiyaz Khan
3. Anzar Khan Son of Faiyaz Khan
4. Irshad Khan Son of Faiyaz Khan
5. Momin Khan Son of Faiyaz Khan
6. Guddi Khanam @ Rizwana Khanam @ Guddi Khatoon D/o Irshad Khan S.I. No. 1,3,4,5 and 6 resident of village-Majholi Mohammadpur Buzurg Tola Chak, Police Sarai, District- Vaishali. S.I. No.-2 resident of at Kumar Dubhi, Police Station- kumar Dubhi, District- Dhanbad (Jharkhand) .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Harun Quareshi For the Opposite Party/s : Mr. Ram Priya Saran Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 13-03-2015 Heard learned counsel for the parties.
Having regard to the nature of allegation for offence under sections 304B, 201/34 of the Indian Penal Code and the fact that the petitioners are mother-in-law, sister-in-law and brother-in-law who were having strained relationship not only with the deceased daughter-in-law but also with her husband Md. Taslim Khan and that a complaint case was filed by the husband of petitioner no.1 on 1.8.2013 vide Complaint Case No. 2158/2013 both against her son Md. Taslim Khan and the deceased Ashama Khatoon, this Court having also found that primarily it is the husband Md. Taslim Khan who is having the main allegation of committing
Patna High Court Cr.Misc. No.38681 of 2014 (2) dt.13-03-2015 offence under section 304B of the Indian Penal Code, would direct that if the petitioners, namely, 1. Maneera Khanam @ Manira Khatoon, 2. Nazneen Khanam @ Nazni Khanam, 3. Anzar Khan,
4. Irshad Khan, 5. Momin Khan and 6. Guddi Khanam @ Rizwana Khanam @ Guddi Khatoon, surrender in the court below within a period of four weeks from today, they shall be enlarged on bail on their furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistate, Hajipur (Vaishali) in Sarai P.S.Case No. 216/2013, subject to the following conditions: (i) That both the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how they are related with the petitioners. The bailors will also undertake to inform the Court if there is any change in the address of the petitioners.
(ii) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.
(iii) That the petitioners will give an undertaking
Patna High Court Cr.Misc. No.38681 of 2014 (2) dt.13-03-2015 that they will receive the police papers on the given date and be present on the date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse.
(iv) That the petitioners will be well represented on each and every date of trial and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled on this ground alone.
(Mihir Kumar Jha, J) surendra/- U