Sahina Khatoon @ Shamo And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52247 of 2017 Arising Out of PS.Case No. -263 Year- 2017 Thana -CHHATAPUR District- SUPAUL ======================================================
1. Sahina Khatoon @ Shamo wife of Md. Wasik, Resident of Bathnaha Amona, P.S. Jogabani, Araria
2. Nirala Praveen Wife fo Md. Sarfaraz, D/o Md. Aziz, R/v Chandardei, Distt. Araria
3. Shahnaj Khatoon W/o Md. Aziz
4. Nagma Khatoon wife of Md. Habib Both petitioners no. 3 and 4 are residents of village Indarpur, P.S. Chhatapur, Supaul.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Chandra Bhushan Das For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-11-2017 Heard learned counsel for the petitioners, learned counsel for the informant and the State.
The petitioners apprehend arrest in Chhatapur P.S. Case No. 263 of 2017, G.R. No. 1627 of 2017 instituted for the offence under Sections-302, 120(B)/34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.
Learned counsel for the petitioners has submitted that all these petitioners are ladies and no specific allegations are levelled against them. Petitioner no. 1 is Nanad, Petitioner no. 3 and 4 are Gotani of the deceased and petitioner no. 2 is the daughter of petitioner no. 3. Petitioners are living separately since long from the husband of the deceased. It is further submitted that co-accused Md. Wasik,
Patna High Court Cr.Misc. No.52247 of 2017 (3) dt.28-11-2017 2/2 husband of petitioner no. 1 has already been granted bail by another coordinate Bench of this Court in Criminal Miscellaneous No.54635 of 2017 on 16.11.2017.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Chhatapur P.S. Case No. 263 of 2017, G.R. No. 1627 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate IV, Supaul subject to condition as laid down u/S 438(2) of the 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 petitioner 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) sushma/- U T