Sakina Khatoon And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13525 of 2018 Arising Out of PS.Case No. -313 Year- 2017 Thana -KUDHNI District- MUZAFFARPUR ======================================================
1. Sakina Khatoon, W/o Gulam Farid @ Md. Arif,
2. Md. Mosim S/o Gulam Farid, Both R/o Village- Tarsan, P.S.- Turki, O.P., District- Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhagya Narain Gupta For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-04-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Kurhani P.S.Case no.313 of 2017 , registered for offences punishable under Sections 304(B)/34 of the Indian Penal Code. Petitioner no.1 is the cousin mother-in-law of the deceased and the petitioner no.2 is the brother-in-law. The case is of dowry death.
Submission of the learned counsel for the petitioners is that there is general and omnibus allegation attributed against all the accused persons including the petitioner and no specific overtact has been mentioned and they have nothing to do with the affairs of the husband of the deceased.
Heard learned A.P.P. also.
Patna High Court Cr.Misc. No.13525 of 2018 (2) dt.06-04-2018 2/2 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 C.J.M., Muzaffarpur in connection with Kurhani P.S.Case nO.313 of 2017, 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. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T