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Patna High CourtCR. MISC./49878/2018bail granted

Dosh Mohammad @ Dost Mohammad @Dost Mahhumadandors. v. The State Of Bihar

2018-08-28Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49878 of 2018 Arising Out of PS.Case No. -116 Year- 2018 Thana -GAUTAMBUDHNAGAR District- SIWAN ====================================================== 1.

DOSH MOHAMMAD @ DOST MOHAMMAD @ DOST MAHHUMAD, S/o late Abdul Mian, 2.

Samimun Nisha @ Mamimun Khatoon, W/o Dosh Mohammad @ Dost Mohammad 3.

Rabya Khatoon @ Ambeya Khatoon, D/o Dosh Mohammad @ Dost Mohammad, all resident of village- Sahlor, P.S. G.B. Nagar, DistrictSiwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arbind Kumar Singh, Advocate For the Opposite Party/s : Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 28-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in G.B. Nagar P.S. Case No.116 of 2018 instituted for the offence under Section(s) 304(B) & 120(B)/34 Indian Penal Code. Counsel for the petitioners submits that petitioners are father-in-law, mother-in-law and sister-in-law (Nanad) of the deceased. They are living separate from the deceased and her husband. Counsel for the petitioners further submits that doctor has found no external injury either on neck or any parts of body of the deceased in post mortem report, which is enclosed as

Patna High Court Cr.Misc. No.49878 of 2018 (2) dt.28-08-2018 2/2 Annexure-2.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with G.B. Nagar P.S. Case No.116 of 2018, 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 the Chief Judicial Magistrate, Siwan, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds 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) JA/- Rohit Kr.

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