Safur Ansari And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26696 of 2017 Arising Out of PS.Case No. -177 Year- 2016 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Safur Ansari, Son of Late Fahim Ansari,
2. Aslam Ansari, Son of Masruddin Mian, Both Resident of VillageSatwariya, P.S.- Shikaripur, District- West Champaran (Bihar). .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-06-2017 Heard the parties.
The petitioners seek regular bail in connection with Shikarpur P.S.Case No.177 of 2016, registered for offences punishable under Sections 498A & 304B/34 of the Indian Penal Code.
The petitioner no.1 is father-in-law and petitioner no.2 is brother-in-law (Nandoi). The case is made out under Section 304B of the Indian Penal Code and the allegation is of dowry death. It is submitted on behalf of the petitioner that no specific allegation of assault or demand of dowry or cruelty has been alleged against the petitioners and there is general and omnibus allegation. The petitioners are in custody for about 5 1⁄2 months.
Patna High Court Cr.Misc. No.26696 of 2017 (2) dt.30-06-2017 2/2 Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Bettiah, West Champaran in connection with Shikarpur P.S.Case No.177 of 2016. With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U