Nahid Praween And ORS. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18539 of 2015 Arising Out of PS.Case No. -26 Year- 2015 Thana -SULTANGANJ District- BHAGALPUR ======================================================

1. Nahid Praween wife of Md. Bablo Ansari

2. Md. Gulraiz son of Moin Akhtar 3.Shamima Khatoon wife of Moin Akhtar all resident of MohallaDilawarpur, Police Station- Kotwali, District- Munger. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Farhana Khatoon wife of Md. Jahangir, Mohalla- Dilgauri, Police Station- Sultanganj, District- Bhagalpur.

.... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 15-06-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioners for the offences punishable under Sections-498(A), 341, 323, 326, 504/34 of the Indian Penal Code and that the petitioners are Sister-in-Law (Nanad), Brother-in-Law (Devar) and Mother-in-Law (Saas) and the allegation of torture or assault is mainly against the co-accused, Md. Jahangir, the husband of victim lady, this Court keeping in view that none of the petitioners have got any criminal antecedent, is inclined to grant the privilege of anticipatory bail to the petitioners. That being so, if the petitioners namely, Nahid Praween, Md. Gulraiz and Shamima Khatoon

Patna High Court Cr.Misc. No.18539 of 2015 (2) dt.15-06-2015 surrender within a period of four weeks from today, they would be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Sultanganj P.S. Case No. 26 of 2015, subject to the conditions laid down under Section- 438 (2) Cr. P.C and also subject to the following conditions:- (i) That the court below shall make verification of criminal antecedent of the petitioners and if it is found that they are accused in any other criminal case, they shall not be granted bail and would be taken into custody. (ii) That both the bailors will be close relative of the petitioners who will give 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 address of the petitioners.

(iii) That the bailors shall also state on

Patna High Court Cr.Misc. No.18539 of 2015 (2) dt.15-06-2015 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 give an undertaking that they will receive the police papers on the given date and be present on the date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (v) That the petitioners will be well represented on each and every date 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) Ranjan/- U T