Mehrun Nesha And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.46616 of 2018 (2) dt.18-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46616 of 2018 Arising Out of PS.Case No. -4 Year- 2018 Thana -CHAURADANO District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Mehrun Nesha, Wife of Mohamdin Miya,

2. Samina Khatoon, Daughter of Mohamdin Miya,

3. Robina Khatoon @ Rubina Khatoon, Daughter of Mohamdin Miya,

4. Babina Khatoon, Daughter of Mohamdin Miya, All residents of VillageChandraman, P.S.- Mahuawan, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-08-2018 Heard learned counsel for the petitioners as well as the State.

The petitioners apprehend their arrest in Chhauradano (Mahuawa) P.S. Case No. 4/2018, instituted for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that petitioners are ladies. They are family members of the husband of the deceased. The husband of the deceased is already in custody. From the F.I.R, it appears that there is general and omnibus allegation against these petitioners.

Patna High Court Cr.Misc. No.46616 of 2018 (2) dt.18-08-2018 Considering the facts and circumstances of the case, the 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 Chhauradano (Mahuawa) P.S. Case No. 4/2018, 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 learned S.D.J.M., Raxaul, Motihari, East Champaran, subject to the conditions as laid down under Section 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.) Rakhi U T