Md. Mukhtar And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.31074 of 2017 (3) dt.27-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31074 of 2017 Arising Out of PS.Case No. -18 Year- 2017 Thana -BARARI District- KATIHAR ======================================================
1. Md. Mukhtar Son of Abdul Rahman
2. Shamina Khatoon Wife of Md. Mukhtar
3. Md. Khosal, Son of Md. Mukhtar
4. Khatija Khatooon @ Khalija Khatoon, Wife of Md. Khosal All are Resident of Village- Belbariganj, Police Station- Barari (Semapur O.P.), District- Katihar.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Nurul Hoda, Adv. For the informant Mr. Sanjeev Kumar Singh, Adv. For the State : Mr. Sri Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-07-2017 Heard learned counsel for the petitioners and the State as also heard learned Counsel for opposite party No. 2. The petitioners apprehend arrest in Barari P.S. Case No. 18 of 2017 instituted for the offence under Sections-304(B)/34 of the Indian Penal Code.
It has been submitted that these petitioners are fatherin-law, mother-in-law and other family members of husband of the deceased. They were not sent up by the police and final form was submitted. Thereafter, cognizance was taken against the petitioners along with husband of the deceased. The husband is in custody.
The counsel for the opposite party has submitted that these petitioners have committed the said occurrence. There is
Patna High Court Cr.Misc. No.31074 of 2017 (3) dt.27-07-2017 general and omnibus allegation against the petitioners in the written report.
Considering the facts and circumstances as well as submission of the parties, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Barari P.S. Case No. 18 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-V, Katihar subject to condition as laid down u/S 438(2) of the Cr.P.C.
with further conditions (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner 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) A.K.V./- U T