Mubarak Hussain v. The State Of Bihar

Patna High Court Cr.Misc. No.10901 of 2015 (3) dt.25-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10901 of 2015 Arising Out of PS.Case No. -61 Year- 2014 Thana -DUMARIA District- GAYA ======================================================

1. Mubarak Hussain S/o Abdul Rahim Ansari, R/o Village Bhangia, P.S.- Dumaria, District- Gaya. At present residing at village Munkari P.S. Chatarpur, District- Palamua, Jharkhand .... .... Petitioner/s

Versus

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

For the Petitioner/s : Ms. Kumari Jyoti, Advocate For the Opposite Party/s : Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 25-05-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Sections 304B/34 of the Indian Penal Code. Considering that the Petitioner is the brother-in-law of the deceased and claims to have been living separately, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of four weeks from the date of receipt of this order in connection with Dumaria P.S. case No.61 of 2014 on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Sherghati (Gaya), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also conditions (i) That one of the

Patna High Court Cr.Misc. No.10901 of 2015 (3) dt.25-05-2015 bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse, (iii) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Anjana Prakash, J) Narendra/- U T