Jamso And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1607 of 2018 Arising Out of PS. Case No.-100 Year-2017 Thana- DAGARUA District- Purnia ======================================================
1. Jamso wife of Rayees, resident of village Buari, P.S. Dagarua, District- Purnea
2. Aisha wife of Late Rustam Ali, resident of vilalge-Miliktola Modmadiya, P.S. Dagarua, District-Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh kumar For the Opposite Party/s :
Mr. UMANATH MISHRA ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-02-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Dagarua P.S. Case No. 100 of 2017 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.
The case of the prosecution is that the children and first wife of the deceased had assaulted the deceased resulting in his death.
The learned counsel for the petitioners submits that as far as the sons of the deceased from the first wife are concerned, they are in custody. The petitioner no. 1 is the daughter of the deceased from the first wife and she stays at her matrimonial
Patna High Court Cr.Misc. No.1607 of 2018(3) dt.16-02-2018 2/2 home and has got nothing to do with the present incident. The petitioner no. 2 is said to be the first wife of deceased and apparently there is no complicity of the petitioner no. 2 in the alleged occurrence.
Per contra, the learned counsel for the informant has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Purnea in connection with Dagarua P.S. Case No. 100 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) S.Sb/- U T