Rahim Khan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22827 of 2016 Arising Out of PS.Case No. -186 Year- 2013 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rahim Khan, S/o Late Faramddin Khan

2. Hasan Bano, W/o Rahim Khan Both resident of village- Barwa, Police Station- Adapur, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. Ajay Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-05-2016 Heard learned counsel for the petitioners and the State.

The petitioners being the parents of the husband of the victim are apprehending their arrest in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.

The prosecution case is of killing the sister of the informant after five years of marriage for non-fulfillment of dowry demand.

It is submitted by the learned counsel for the petitioners that only the husband of the victim Saukat Ali was charge-sheeted while the investigation was kept pending against the petitioners. Subsequently, Saukat Ali has been acquitted vide Sessions Trial No. 240 of 2015 by

Patna High Court Cr.Misc. No.22827 of 2016 (2) dt.20-05-2016 a judgment dated 08th January, 2016 passed by the 13th Additional Sessions Judge, East Champaran, Motihari. In view of the fact that investigation is kept pending against the petitioners and charge-sheeted accused husband of the victim has been acquitted, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul at Motihari in connection with Adapur P.S. Case No. 186 of 2013, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bond of the petitioners shall be accepted by the learned court below on filing affidavit to the effect that they will cooperate during investigation. The said affidavit will be transmitted to the concerned I.O. The noncooperation in the investigation will give liberty to the learned court below to cancel the bail bond of the petitioners. It is expected from the Investigating agency to conclude the investigation at the earliest.

(Dinesh Kumar Singh, J) P.K./- U T