Md. Mojibul @ Mojibul And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47097 of 2016 Arising Out of PS.Case No. -118 Year- 2016 Thana -KADWA District- KATIHAR ======================================================

1. Md. Mojibul @ Mojibul, son of Late Soleman,

2. Mehar Nigar, wife of Md. Mojibul Both, resident of Village- Nazirpur, Police Station- Balia Belone, District- Katihar. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Najeeb Ahmad For the Opposite Party/s : Mr. Yogendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehends their arrest in connection with Kadwa (Balia Belone) P.S. Case no. 118 of 2016, registered under Sections 328, 304(B), 120(B) of the Indian Penal Code. The accusation is of killing of daughter of the informant by her husband and other in-laws by administering poison due to nonfulfillment of demand of dowry. Learned counsel for the petitioners submits that petitioners are father-in-law and mother-in-law, respectively, of the deceased and due to ulterior motive, the petitioners have falsely been implicated in this case. Further submission is that, in fact, there was love marriage in between the deceased and Muneer, son of the petitioners, and after the marriage both the are residing separately to

Patna High Court Cr.Misc. No.47097 of 2016 (3) dt.19-12-2016 2/2 the petitioners. Further submission is that husband of the deceased, who is mainly responsible for taking care of the deceased, has surrendered in the court below on 20.10.2016. Further submission is that it would appear from the F.I.R. that deceased was rushed to Kurum for treatment from where she was referred to Telta Hospital, but she died in the way.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M-IV, Katihar in connection with Kadwa (Balia Belone) P.S. Case No. 118 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T