Patna High CourtCR. MISC./36565/2017bail granted

Noor Alam And ORS v. The State Of Bihar

2017-08-11Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36565 of 2017 Arising Out of PS.Case No. -68 Year- 2016 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Noor Alam,

2. Nabi Alam Both Sons of Ashique Ansari,

3. Ali Haque, Son of Safique Ansari, All R/o Village- semara Brit, P.S.- Majhaulia, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Aditya Nath Jha For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-08-2017 The petitioners are apprehending their arrest in connection with Nautan (Jagdishpur) P.S. Case No. 68 of 2016, registered for offences punishable under Sections 302, 201/34 of the Indian Penal Code.

Petitioners are brother in laws (devar ) of the deceased and allegation against them and other co-accused persons is of causing dowry death of the deceased.

It has been submitted on behalf of the petitioners that they have falsely been implicated in this case and they are brothers in law of the deceased and has nothing to do with the affairs of wife and husband. Further no specific allegation has been assigned to any of the petitioners.

Patna High Court Cr.Misc. No.36565 of 2017 (2) dt.11-08-2017 2/3 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of offence, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM - VI, Bettiah, in connection with Nautan (Jagdishpur) P.S. Case No. 68 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, this is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the

Patna High Court Cr.Misc. No.36565 of 2017 (2) dt.11-08-2017 3/3 prosecution will be free to move for cancellation of their bail bonds.

It is also made clear that if during investigation, any incriminating or serious material comes against the petitioners, prosecution will be free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T