Md. Khalil @ Khalil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22124 of 2019 Arising Out of PS. Case No.-203 Year-2013 Thana- KALYANPUR District- Samastipur ====================================================== 1.

MD. KHALIL @ KHALIL, Son of Late Mahabul Resident of VillageManzil Mubarak, P.S.- Kalyanpur, District- Samastipur. 2.

Aasma @ Ashma Khatoon Wife of Md. Khalil @ Khalil Resident of VillageManzil Mubarak, P.S.- Kalyanpur, District- Samastipur. 3.

Khusnuma @ Khusnuma Paswan @ Khusnuma Prawina, Wife of Jasim Resident of Village- Manzil Mubarak, P.S.- Kalyanpur, District- Samastipur. 4.

Rizwana Khatoon @ Rizwan, Wife of Shamim Resident of Village- Manzil Mubarak, P.S.- Kalyanpur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sujit Kumar Singh For the Opposite Party/s :

Ms. (Dr.) Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-04-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Kalyanpur Police Station Case No. 203 of 2013, disclosing offences under Sections 304B/34 of the Indian Penal Code.

The petitioners are father-in-law, mother-in-law and sisters of the brothers of the husband of the deceased. It has been submitted on behalf of the petitioners that though there is allegation of demand of dowry in the First Information Report, there is no allegation in the First Information Report that soon before the death of the victim, there was any such demand made

Patna High Court CR. MISC. No.22124 of 2019(2) dt.09-04-2019 2/2 by these petitioners to make out an offence under Section 304B of the Indian Penal Code. It has also been argued that considering the nature of accusation, there is no likelihood of the petitioners fleeing from the course of investigation or trial. Considering the above, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur, in connection with Kalyanpur Police Station Case No. 203 of 2013, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √