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Patna High CourtCR. MISC./13503/2022bail granted

Hameeda Khatoon v. The State Of Bihar

2022-04-04Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13503 of 2022 Arising Out of PS. Case No.-372 Year-2021 Thana- MANIYARI District- Muzaffarpur ====================================================== 1.

Hameeda Khatoon, W/O- Md. Murad.

2.

Md. Noor Alam, Son Of Md. Murad.

3.

Md. Murad Son Of Late Md. Rahman.

All are resident of Village- Mohammadpur Mobarak, P.S.- Maniyari, District- Muzaffrpur ... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Mrityunjay Kumar, Advocate For the Opposite Party :

Ms. Ishrat Bano, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-04-2022 Heard learned counsel for the parties.

Learned counsel for the petitioners is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

This application for anticipatory bail arises out of Maniyari P.S. Case No. 372 of 2021 for the offence punishable under Section 304-B/34 of the Indian Penal Code. Learned counsel for the petitioners seeks permission to withdraw this bail application on behalf of petitioner nos.1 and 3, who are mother-in-law and father-in-law of the deceased.

Accordingly, this bail application is dismissed as

Patna High Court CR. MISC. No.13503 of 2022(2) dt.04-04-2022 2/2 withdrawn as against petitioner nos. 1 and 3, above named. However, if the petitioner nos. 1 and 3 surrender in the Court below within a period of four weeks from today and seek regular bail, the Court below shall consider and decide the same in accordance with law without being influenced by the fact that their bail application has been withdrawn. So far as bail of petitioner no.2 is concerned, the same is allowed considering the fact that the petitioner no. 2 is the elder brother-in-law (Bhainsur) of the deceased. Accordingly, let the petitioner no.2, above named, in the event of his arrest/surrender within four weeks from today in the Court below, 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 the learned Judicial Magistrate, 1st Class, Muzaffarpur (West), in connection with Maniyari P.S. Case No. 372 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sandeep Kumar, J) pawan/- U T