Bismillah Khatoon And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16714 of 2018 Arising Out of PS.Case No. -438 Year- 2014 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Bismillah Khatoon, wife of Gul Mohammad Ansari.

2. Gul Mohammad Ansari, son of Late Jahrul Ansari.

3. Usha Ansari @ Ush Mohammad Ansari, son of Nathu Ansari.

4. Khush Mohammad Ansari, son of Nathu Ansari.

5. Jamila Khatoon, wife of Khush Mohammad Ansari.

6. Quamrul Haque Ansari, son of Late Islam Ansari.

7. Ali Ahmad Ansari, son of Latif Ansari. All are resident of VillageSemra Ghat, Police Station- Majhauliya, District- West Champaran. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Sanjay Kumar No.-7, Advocate. For the Opposite Party : Mr. Panchanand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-03-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 304(B) and 498(A)/34 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioners killed the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been

Patna High Court Cr.Misc. No.16714 of 2018 (2) dt.23-03-2018 2/2 implicated in the present case due to mistake of fact. The petitioners are co-villagers of the deceased and they are not related to the family members of the deceased. After investigation, the police has submitted final form against the petitioners. The same was accepted by the learned court below. In course of trial, under Section 319 Cr. P.C. process has been issued against the petitioners. Hence, the present application has been preferred. The husband of the deceased is in custody.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Fast Track Court 2nd, Bettiah, West Champaran, in connection with Sessions Trial No. 584 of 2016, arising out of Majhauliya P.S. Case No. 438 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T