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Patna High CourtCR. MISC./18281/2017bail granted

Tinku @ Sheikh Ajibullah @ Sheikh Ajimullah And ANR v. The State Of Bihar

2017-06-15Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18281 of 2017 Arising Out of PS.Case No. -151 Year- 2016 Thana -BARHARIA District- SIWAN ======================================================

1. Tinku @ Sheikh Ajibullah @ Sheikh Ajimullah, son of Noorul Hoda,

2. Sabiha @ Shabiha Bano, wife of Tinku @ Sheikh Ajibullah @ Sheikh Ajmullah, Both resident of Village- Patti Bhalua, Police StationBarharia, District- Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Javed Aslam, Advocate. For the Opposite Party/s : Mr. Amrendra Prasad, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-06-2017 Heard learned counsel for the petitioners as well as learned APP for the State.

The petitioners apprehend their arrest in Barharia P. S. Case No. 151 of 2016 registered for the offences under Sections 304(B) and 34 of the Indian Penal Code. As per the prosecution case, accused persons subjected the deceased to physical and mental torture for dowry demand of Scorpio and being peeved with the same, the deceased committed suicide.

It is submitted by learned counsel for the petitioners that the petitioners happen to be Bhaisur and Gotni of the deceased. The allegation levelled against the petitioners is not

Patna High Court Cr.Misc. No.18281 of 2017 (3) dt.15-06-2017 2/2 specific rather general and omnibus and the specific allegation is against the husband of the deceased who is languishing in custody. The petitioners are living separately from the husband of the deceased and they have no concern with the affairs of the husband of the deceased. Co-accused Nikhat Praveen @ Guddi has been enlarged on bail by this court vide order dated 09.02.2017 passed in Cr. Misc. No. 2351 of 2017.

Considering the facts aforesaid and the nature of allegations made against the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in Barharia P. S. Case No. 151 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prakash Chandra Jaiswal, J) Mishra/- U T