Geniya Khatoon And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30966 of 2017 Arising Out of PS.Case No. -91 Year- 2017 Thana -MANIHARI District- KATIHAR ======================================================

1. Geniya Khatoon, Wife of Md. Nejam

2. Md. Nejam, Son of Hamid Both are residents of village Kumaripur P.S. Manihari District Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-08-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Manihari P.S. Case No. 91 of 2017 instituted for the offence under Sections 304B/34 of the Indian Penal Code.

It has been submitted that petitioner No. 1 is sister-inlaw of the deceased and petitioner No. 2 is husband of petitioner No. 1. They both are Nanad and Nandosi of the deceased. From the written report it appears that there is general and omnibus allegation against the petitioners. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within

Patna High Court Cr.Misc. No.30966 of 2017 (4) dt.21-08-2017 2/2 six weeks from today, in connection with Manihari P.S. Case No. 91 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Smt. S.K. Singh, Judicial Magistrate, 1st Class, Katihar, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,

(2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) S.Ali/- U T