Salha Khatoon @ Salas Khatoon And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37996 of 2018 Arising Out of PS.Case No. -54 Year- 2018 Thana -PARSA District- SARAN ======================================================
1. Salha Khatoon @ Salas Khatoon, wife of Abdul Mian alias Abedul Mian,
2. Abdul Mian alias Abedul Mian, won of Saheb Mian, both residents of Village- Anyay, P.S.- Parsa, District- Saran at Chapra. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajeev Kumar, Advocate For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP For the Informant : Mr. Md. Anis Akhtar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 30-07-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Parsa P.S. Case No.54 of 2018 instituted for the offence under Section(s) 304B/34 Indian Penal Code. Counsel for the petitioners submits that petitioners are mother-in-law and father-in-law of the deceased having no concern with the family affairs of the deceased and her husband. Counsel for the Informant submits that deceased was married on 17.05.2017 and she has been done to death by her inlaws on 02.04.2018. In the written report, it is alleged that deceased was murdered by her husband and other accused persons for nonfulfillment of demand of dowry. Postmortem report has been
Patna High Court Cr.Misc. No.37996 of 2018 (3) dt.30-07-2018 2/2 enclosed as Annexure-2, wherein, doctor has opined cause of death due to asphyxia due to hanging. There is no allegation of specific overt act against the petitioners.
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 Parsa P.S. Case No.54 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 Additional Chief Judicial Magistrate, XIII, Saran at Chapra, 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/- U T