Sheikh Mohibul @ Mohibullah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42381 of 2016 ======================================================
1. SHEIKH MOHIBUL @ MOHIBULLAH son of Late Sheikh Hakim
2. Tairun Nesa, wife of Sheikh Mohibul
3. Safatun Nesa, Daughter of Sheikh Adalat, wife of Rasid Alam
4. Sajra Khatoon Daughter of Sheikh Mohibul. All are residents of villageSiswania, P.S.- Banjaria, District- East Champaran ... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Waliur Rahman, Advocate For the Opposite Party/s : Mr. Sri Navin Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-10-2016 Learned counsel for the petitioner is permitted to make necessary correction in the prayer portion of the application application in course of the day.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application for grant of anticipatory bail arises out of Turkaulia P.S. Case No. 617 of 2015, disclosing offences under Sections 302, 201, 120B and 406 of the Indian Penal Code. The petitioner No. 1 is father-in-law and petitioner No. 2 is mother-in-law of the deceased. Petitioner No. 3 is sister of petitioner No. 2 whereas petitioner No. 4 is daughter of petitioners No. 1 and 2.
Learned counsel appearing on behalf of the petitioners has submitted that it is evident from the First Information Report that the marriage had taken place merely 11 years before the death
Patna High Court Cr.Misc. No.42381 of 2016 (2) dt.17-10-2016 2/2 of the deceased. He has submitted that merely on the basis of suspicion that the in-laws might have been responsible for the death of the deceased, the present First Information Report has been registered implicating almost all members of the family including relatives.
I find substance in the submission advanced on behalf of the petitioners, this application is, accordingly, 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/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Turkaulia P.S. Case No. 617 of 2015, subject to the conditions as 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) Vats/-c U T