Patna High CourtCR. MISC./3069/2015bail granted

Bibi Salamun And ORS v. The State Of Bihar

2015-01-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3069 of 2015 Arising Out of PS.Case No. -38 Year- 2014 Thana -HABIBPUR District- BHAGALPUR ======================================================

1. Bibi Salamun

2. Md. Sabbo.

3. Md. Lovely.

4. Md. Sarbar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjesh Prasad For the Opposite Party/s : Mr. Sanjay Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-01-2015 Heard learned counsels for the petitioners and the State. The petitioners being the mother and the brothers of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.

The accusation is of assaulting the sister of the informant after 14 years of the marriage, subsequently she succumbed to the injuries.

It is submitted by learned counsel for the petitioners that the victim's son is the only eye-witness to the occurrence who had alleged that the husband of the victim used to assault the victim in drunken condition and on the alleged date of occurrence also, he assaulted the victim. The postmortem report reflects no external

Patna High Court Cr.Misc. No.3069 of 2015 (2) dt.22-01-2015 2/2 injury.

Considering the fact that the thrust of accusation is against the husband of the victim, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Bhagalpur in connection with Habibpur P.S. Case No. 38 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T