Patna High CourtCR. MISC./52485/2015partly allowed disposal

Merazul Ansari And ORS v. The State Of Bihar

2015-11-10Mr. Justice Samarendra Pratap Singh2 pages

Patna High Court Cr.Misc. No.52485 of 2015 (2) dt.10-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52485 of 2015 Arising Out of PS.Case No. -98 Year- 2015 Thana -CHAURADANO DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Merazul Ansari son of Late Shahid Mian

2. Shayara Khatoon wife of Merazul Ansari

3. Bigan Ansari son of Merazul Ansari All resident of Village-Pakaria, P.S. Chhouradano, District East Champaran, Motihari .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. APP ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 10-11-2015 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in a case under sections 304(B)/34 of the Indian Penal Code.

Petitioner No.1 is father-in-law, petitioner No.2 is motherin-law and petitioner No.3 is brother-in-law of the deceased. It is alleged that they killed the informant's daughter Nasima Khatoon for non-fulfillment of dowry.

The petitioners submit that the husband of the deceased Mumtaz Ansari is under judicial custody and the allegations are general in nature.

Having regard to the facts and circumstances of the case and in view of nature of allegation, the prayer for anticipatory bail of

Patna High Court Cr.Misc. No.52485 of 2015 (2) dt.10-11-2015 petitioner No.1 Merazul Ansari is rejected. He is directed to surrender and pray for regular bail.

The petitioner Nos. 2 and 3, namely, Shayara Khatoon and Bigan Ansari are directed to be released on anticipatory bail, in the event of their arrest/surrender, on furnishing bail bonds of Rs.5,000/- each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Raxaul, East Champaran, Motihari in Chhauradano P.S. Case No.98 of 2015 subject to the conditions that petitioner No.3 Bigan Ansari would not physically absent himself for two consecutive dates at a stretch till two witnesses are examined in trial, failing which his bail bond would be cancelled.

(Samarendra Pratap Singh, J) KHAN/- U