Saida Khatoon And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25518 of 2015 Arising Out of PS.Case No. -143 Year- 2014 Thana -THAKURGANJ District- KISANGANJ ======================================================

1. Saida Khatoon w/o Md. Yunus.

2. Md. Yunus son of Karam Ali.

Both resident of village Dohi Gachha, Police Station-Thakurganj, DistrictKishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Ranjan, Advocate. For the Opposite Party/s : Mr. Rajiv Nayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 27-08-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioner for offence under Section 304B/34 of the Indian Penal Code and the fact that the main accused being the husband has already been acquitted by the trial court, this Court taking into account that the petitioners are mother-in-law and father-in-law and having no criminal antecedent, would be inclined to grant anticipatory bail to the petitioners.

That being so, if the petitioners, namely, Saida Khatoon and Md. Yunus surrender before the court below within a period of four weeks from today, they shall be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj in connection with Thakurganj P.S.Case No. 143 of 2014 2013; subject to

Patna High Court Cr.Misc. No.25518 of 2015 (3) dt.27-08-2015 2/2 the following conditions:

(i) That both the bailors will be close family relatives of the petitioners, who will undertake an affidavit giving genealogy as to how they are related with the petitioners. The bailors will also undertake to inform the court if there is any change in the addresses of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not accused in any other case and if they are, they shall not be released on bail.

(iii) That the bailors shall also state on affidavit that they will inform the court concerned, if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of their bail on the ground of misuse.

(iv) That the petitioners will be well represented on each and every date in course of trial and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled on this ground alone.

(Mihir Kumar Jha, J) Sujit/- U