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Patna High CourtCR. MISC./60676/2017bail granted

Hamida Khatoon And ANR v. The State Of Bihar

2018-02-02Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60676 of 2017 Arising Out of PS. Case No.-53 Year-2017 Thana- PIYAR District- Muzaffarpur ======================================================

1. Hamida Khatoon, W/o Md. Subhan,

2. Azima Khatoon, W/o Md. Afroj, Both resident of VillageGovindpur Chapra, P.S.- Piyar, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pawan Kumar Singh For the Opposite Party/s :

Mr. MD. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Pear P.S. case no. 53 of 2017 instituted for the offence under Section(s) 304(B)/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that petitioners are the mother-in-law and married Nanad of the deceased. They have no concern with the affairs of the husband of the deceased.

In the written report, there is general and omnibus allegation against these petitioners.

In the facts and circumstances of the case, prayer of the

Patna High Court Cr.Misc. No.60676 of 2017(3) dt.02-02-2018 2/2 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 Pear P.S. case no. 53 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 the learned SubJudge Vth-cum A.C.J.M. Muzaffarpur, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners 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) shyambihari/- U T