Md. Imteyaj Ansari @ Imtiyaz And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24120 of 2018 Arising Out of PS.Case No. -154 Year- 2016 Thana -SIKANDARA District- JAMUI ======================================================

1. Md. Imteyaj Ansari @ Imtiyaz,

2. Md. Bahab Ansari @ Bahab, Both sons of Late Sahadat Ansari,

3. Md. Mahmud Ansari @ Mahmud, Son of Late Manzoor Ansari, All resident of Village- Ariyari, Police Station- Ariyari, District- Sheikhpura. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bipin Kumar For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-05-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Sikandara P.S. Case no.154 of 2016 , registered for offences punishable under Sections 147, 323, 504, 304(B) and 120(B) of the Indian Penal Code.

Allegation against the petitioners, who happens to be brother-in-law and cousin brother-in-law of the deceased. The case is of dowry death.

Submission of the learned counsel for the petitioners is that there is general and omnibus allegation against the petitioner and other accused persons of assault and demand of dowry and furthermore, the deceased died in her maike and not in her sasural.

Patna High Court Cr.Misc. No.24120 of 2018 (2) dt.02-05-2018 2/3 Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail stating that the case is of the year, 2015 and the prayer for bail has been made in the year, 2018. Furthermore there is allegation against these petitioners of assault also. The petitioners have criminal antecedent and earlier they were accused in four other cases under Section 498 of the IPC..

Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-2, Jamui in connection with Sikandara P.S.Case No.154 of 2016, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond.

Patna High Court Cr.Misc. No.24120 of 2018 (2) dt.02-05-2018 3/3 With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T