Patna High CourtCR. MISC./30048/2016bail granted

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

2016-09-08Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30048 of 2016 Arising Out of PS.Case No. -65 Year- 2016 Thana -BARSOI District- KATIHAR ======================================================

1. Md. Hussain @ Hussain Son of Late Md. Alam

2. Noor Bano Wife of Md. Hussain @ Hussain Both are resident of village - Chhoti Raghunathpur, P.S. Barsoi, Distt. - Katihar .... Petitioners

Versus

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

For the Petitioners : Mr. Md. Qumrul Hoda, Adv. For the Opposite Party : Mr. Amitesh Kumar, APP 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-09-2016 Heard both the sides.

The petitioners apprehend their arrest in Barsoi P.S. Case No. 65 of 2016 under Section 304B/34 of the Indian Penal Code.

The informant alleged that her daughter was married to Abdul Kalam one and half years ago, but, the in-laws of the daughter of the informant were not happy with the gift. They demanded rupees five lakh. The informant made allegation that all the accused persons slit the neck of her daughter in the night and threw her dead body in the bamboo bush on 02.04.2016. The learned counsel for the petitioners submits that the petitioners are brother-in-law (nandosi) and sister-in-law (nanad) of the deceased. They have no manner of concern with the family affairs of the deceased and her husband. They are living in their own house. It is, further, submitted that no specific allegation is made against the petitioners.

Considering the facts and circumstances that the petitioners are brother-in-law and sister of the husband of the deceased and no specific allegation is made against them, the

Patna High Court Cr.Misc. No.30048 of 2016 (2) dt.08-09-2016 petitioners, above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with the Barsoi P.S. Case No. 65 of 2016 to the satisfaction of the Chief Judicial Magistrate, Katihar, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Prabhat Kumar Jha, J) SA/- U √ T √