Babuddin Mian And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12984 of 2014 Arising Out of PS.Case No. -219 Year- 2013 Thana -BARAULI District- GOPALGANJ ======================================================

1. Babuddin Mian, S/O Late Habib Mian

2. Ziauddin Ahmad @ Guddu, S/O Babuddin Mian, Both Resident of Village-Sareya Narendra, P.S. Barauli, District Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mohammad Sufyan, Advocate For the Opposite Party/s : Mr. M.Rab (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-08-2015 Heard learned counsel for the petitioners and the learned counsel for the State.

The petitioners are apprehending their arrest in connection with Barauli P.S. Case No.219 of 2013 for allegedly having committed the offences under Section 304B/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioner No.1 is the father-in-law of the deceased lady whereas petitioner No.2 is the brother-in-law(Dewar) whose names have been brought into the present case. Learned counsel further submits that actually it is a case of suicide and there was dispute between the deceased and her husband and due to verbal altercation on telephone with her husband, who was residing and

Patna High Court Cr.Misc. No.12984 of 2014 (5) dt.06-08-2015 2/2 working in Saudi Arabia, the deceased in the fit of frenzy had taken some poisonous substance; resulting in her demise. Learned counsel for the petitioner further submits that it was only because the informant's side did not want to keep the children, that the present case was lodged against the petitioner though they have been separate from the deceased's husband since long. Considering the aforementioned submissions and also the fact that the petitioners are aged persons and there is no specific allegation against petitioner No.

2, let both the petitioners, above named, in the event of their arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, 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 the learned Chief Judicial Magistrate, Gopalganj, in connection with Barauli P.S. Case No.219 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.