Md. Habib And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59382 of 2017 Arising Out of PS.Case No. -263 Year- 2017 Thana -CHHATAPUR District- SUPAUL ======================================================
1. Md. Habib,
2. Md. Aziz,
3. Md. Faiz Ahmad, All sons of Haji Kalimur Rahman, All are resident of Village- Inderpur, Ward No. 12, P.S.- Chhatapur, District- Supaul. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nafisuzzoha, Advocate. For the Opposite Party/s : Mr. Rajeev Nayan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-02-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Chhatapur P.S. Case No. 263 of 2017 instituted for the offence under Sections 302 and 120B/34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.
In the written report there is general and omnibus allegation against these petitioners.
It has been submitted that petitioners are Dewar of the deceased. It has further been submitted that co-accused Md. Wasik @ Md. Basik has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 16.11.2017 passed in Cr. Misc. 54635 of 2017.
Patna High Court Cr.Misc. No.59382 of 2017 (3) dt.01-02-2018 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Chhatapur P.S. Case No. 263 of 2017, 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 learned Additional Chief Judicial Magistrate-IV, Supaul, 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 bond 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) S.Ali/- U T