Md. Islam @ Mohammed Islam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4143 of 2021 Arising Out of PS. Case No.-140 Year-2020 Thana- GORAUL District- Vaishali ====================================================== 1.

Md. Islam @ Mohammed Islam Son of Rahiman Miya Resident of VillageMohammadpur Pojha, P.S.-Goraul, District-Vaishali 2.

Jamila Khatoon Wife of Md. Islam Resident of Village-Mohammadpur Pojha, P.S.-Goraul, District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Bhardwaj For the Opposite Party/s :

Mr. Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

16-03-2021 Heard learned counsel for the parties.

The petitioners seek bail in Goraul P.S. Case No. 140 of 2020, registered for the offence under Section 304B/34 of the Indian Penal Code.

As per the prosecution case, due to non-fulfillment of Rupees seven lacs, as dowry, all the FIR named persons, including these two petitioners, committed the murder of niece of informant.

It is submitted on behalf of petitioners that petitioner no. 1 is father-in-law and petitioner no. 2 is mother-in-law of the deceased and they are living separately and have got no concern with the affairs of deceased and her husband. It is further submitted that there is general and omnibus allegation and in fact, deceased had some family dispute with her husband and as a result of which, she committed suicide. Petitioners are old-

Patna High Court CR. MISC. No.4143 of 2021(2) dt.16-03-2021 2/2 aged persons and are in custody since 19.09.2020. Chargesheet has already been submitted.

Considering the fact that there is general and omnibus allegation against petitioners, petitioners are father-in-law and mother-in-law of deceased and are in custody since 19.09.2020, the bail application of petitioners is allowed. Let the above named petitioners be released on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Goraul P.S. Case No. 140 of 2020, on the following conditions: "(1) Petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on their absence on two consecutive dates without sufficient reason, their bail-bond shall be cancelled by the court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T