Nazara Begum And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41286 of 2017 Arising Out of PS.Case No. -122 Year- 2017 Thana -MARHAURA District- SARAN ======================================================

1. Nazara Begum wife of Id. Mohammad

2. Id. Mohammad, son of late Md. Yunus Both are residents of Village - Bathana, P.S. Marohowrah, District Saran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Mukesh Kumar Singh, Advocate. For the Opposite Party/s : Mr. Akbar Ali, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-09-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Marhowrah P.S. Case No. 122 of 2017 instituted for the offence under Sections 304(B)/34 of the Indian Penal Code.

It has been submitted that petitioners are parents-inlaw of the deceased. From the written report it appears that there is general and omnibus allegation against the petitioners. The informant has alleged that she received information that his daughter has been strangulated to death by the accused persons. The post mortem report has been enclosed as Annexure-2 wherein the doctor has found the cause of death was asphyxia due to hanging.

Patna High Court Cr.Misc. No.41286 of 2017 (2) dt.07-09-2017 2/2 In the written report there is no allegation of any specific overt act against the petitioner.

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 Marhowrah P.S. Case No. 122 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 Additional Chief Judicial Magistrate-II, Saran, Chapra, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners 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