Anshu Khatoon And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51445 of 2017 Arising Out of PS.Case No. -102 Year- 2017 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Anshu Khatoon, W/o Jakir Ansari D/o Samsuddin Ansari,

2. Rahmat Ansari S/o Samsuddin Ansari, Both are R/o VillageMahabeerpur, P.S.- Jogapatti, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Lauria P.S. Case No. 102 of 2017 instituted for the offence under Sections-302, 201/34 of the Indian Penal Code.

It has been submitted that petitioners are not family members of the deceased. They are not named in the written report. The name of this petitioner has come during investigation in the statement of Younus husband of the deceased who has stated that she has extra marital relation with petitioner No. 1. The petitioner No. 2 is said to be brother of petitioner No. 1.

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

Patna High Court Cr.Misc. No.51445 of 2017 (3) dt.13-11-2017 2/2 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 in Lauria P.S. Case No. 102 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, West Champaran, Bettiah 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 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) A.K.V./- U T