Khairun Nisha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14345 of 2015 Arising Out of PS.Case No. -23 Year- 2014 Thana -BUNIADGANJ District- GAYA ====================================================== Khairun Nisha W/o Md. Zabbar @ Zawahir R/o Mohalla - Manpur Hari Bagicha, P.S. Buniyadganj, District - Gaya .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Adv For the Opposite Party/s : Mr. Rajesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 09-07-2015 Heard learned counsel for the parties.
Having regard to the nature of allegation against the petitioner for the offences punishable under Sections-304B and 34 of the Indian Penal Code and the fact that the petitioner is the Mother-in-Law and that the husband of the victim lady meaning thereby the son of the petitioner was already arrested and has been granted bail, this Court keeping in view, both the age of the petitioner as also she having no criminal antecedent would find her entitled for grant of anticipatory bail. That being so, if the petitioner namely, Khairun
Patna High Court Cr.Misc. No.14345 of 2015 (4) dt.09-07-2015 Nisha, surrenders within a period of four weeks from today, he would be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Gaya in connection with Buniyadganj P.S. Case No. 23 of 2014, subject to the conditions laid down under Section438 (2) Cr. P.C and also subject to the following conditions:- (i) That the court below shall make verification of criminal antecedent of the petitioner and if it is found that she is accused in any other criminal case, she shall not be granted bail and would be taken into custody.
(ii) That both the bailors will be close relative of the petitioner who will give an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.
Patna High Court Cr.Misc. No.14345 of 2015 (4) dt.09-07-2015 (iii) That the bailors shall also state on affidavit that they will inform the Court concerned if the petitioner is implicated in any other case of similar nature after her 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.
(iv) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on the date fixed for charge and if she fails to do so on two given dates and delays the trial in any manner, her bail will be liable to be cancelled for reasons of misuse. (v) That the petitioner will be well represented on each and every date of trial and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled on this ground alone. (Mihir Kumar Jha, J) Ranjan/- U T