Mustaque Mian Mansuri @Md Mustaque Mian And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17325 of 2018 Arising Out of PS. Case No.-148 Year-2017 Thana- PALANWA District- East Champaran ======================================================
1. Mustaque Mian Mansuri @ Md Mustaque Mian S/o late Khudin Mian
2. Tasarbani Khatoon W/o Kalim Mian Mansuri
3. Nazarun Nesha W/o Latif Mian Mansuri All R/o Bhailahi, P.S.Palanwa Dist. East Champaran. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhannjay Kumar No 2 For the Opposite Party/s :
Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-04-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Palanwa P.S. case no. 148/17 instituted for the offence under Section(s) 304B/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that they have no concern with the family affairs of the deceased. Their names have come in the written report because they are Pattidar of the husband of the deceased. From the written report itself, it appears that there is general and omnibus allegation levelled against the petitioners.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event
Patna High Court Cr.Misc. No.17325 of 2018(2) dt.05-04-2018 2/2 of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Palanwa P.S. case no. 148/17, 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 S.D.J.M. Raxaul at Motihari, East Champaran 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