Md. Yunus @ Bechan And ORS. v. The State Of Bihar

Patna High Court Cr.Misc. No.42007 of 2014 (2) dt.04-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42007 of 2014 Arising Out of PS.Case No. -156 Year- 2013 Thana -TRIVENIGANJ District- SUPAUL ======================================================

1. Md. Yunus @ Bechan son of Late Md. Ehsan

2. Md. Madho son of Late Md. Sazid

3. Julekha Khatoon @ Jao Wife of Md. Bechan All are resident of village - Simaria, P.S. - Triveniganj, District - Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Binod Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-03-2015 Heard learned counsel for the petitioners and the learned Additional Public Prosecutor appearing on behalf of the State. In a case making allegation of an offence punishable under Section 304B of the Indian Penal Code, petitioners are accused and seek anticipatory bail.

Petitioner no.1 is the father-in-law and petitioner no.3 is the mother-in-law of the deceased. Petitioner no.2 is said to be a co-villager and not a family members.

Learned counsel appearing on behalf of the petitioners submits that the informant, out of certain misconception had got the case instituted against the accused persons and as a matter of fact, after having realized that institution of the criminal case

Patna High Court Cr.Misc. No.42007 of 2014 (2) dt.04-03-2015 making allegation of offence punishable under Section 304B of the Indian Penal Code was incorrectly made, the informant himself resiled from his earlier statement.

Learned counsel for the petitioner has drawn my attention to an order dated 28.3.2014 passed in Cr. Misc. No. 3293 of 2014 whereby, the husband of the deceased ( Noor Mohammad) has been granted regular bail by this Court.

Keeping in view the submission that the husband of the deceased has been granted regular bail, let the petitioners above named in the event of their arrest/surrender within four weeks from today in the Court below, be released on 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 Chief Judicial Magistrate, Supaul in connection with Triveniganj P.S. Case No. 156 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Chakradhari Sharan Singh, J) ArunKumar/- U