Ish Mohamad @ Ish Mohammad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4636 of 2018 Arising Out of PS.Case No. -158 Year- 2017 Thana -MAJHAHGARH District- GOPALGANJ ======================================================
1. Ish Mohamad @ Ish Mohammad, S/o Late Md. Ishahaque,
2. Asma Khatoon @ Ashma Khatoon W/o Ish Mohamad @ Ish Mohammad,
3. Bullet, S/o Isha Mohamad @ Ish Mohammad , All are R/o village- Admapur, P.S.- Manjhagarh, Distt.- Gopalganj. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Roy, Advocate. For the informant : Mr. Thakur Rajesh Singh, Advocate. Md. Sufiyan, Advocate.
For the Opposite Party/s : Mr. Madan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-02-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Manjhagarh P.S. Case No. 158 of 2017 corresponding to G.R. No.3260 of 2017 instituted for the offence under Sections 304(B)/34 of the Indian Penal Code.
It has been submitted that petitioners are parents-in-law and unmarried brother-in-law (Dewar) of the deceased. It has further been submitted that there is general and omnibus allegation against these petitioners. The husband is already in custody. The petitioners have no concern with the affairs of the deceased and her husband. Learned counsel for the informant has appeared and opposed the prayer for anticipatory bail.
Patna High Court Cr.Misc. No.4636 of 2018 (3) dt.22-02-2018 2/2 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 six weeks from today, in connection with Manjhagarh P.S. Case No. 158 of 2017 corresponding to G.R. No. 3260 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 learned Chief Judicial Magistrate, Gopalganj, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond 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