Amruddin Ansari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18545 of 2015 Arising Out of PS.Case No. -411 Year- 2014 Thana -DINARA District- SASARAM (ROHTAS) ======================================================

1. Amruddin Ansari son of Sobarati Ansari

2. Afsari Khatoon wife of Amruddin Ansari Both are residents of village- Mustafapur, Police Station- Dinara (Bhanas) and District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Mokhtar Ansari, Advocate. For the Opposite Party/s: Mr. Uma Nath Mishra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 15-06-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioners for offence under Sections 304(B)/34 of the Indian Penal Code and the fact that the petitioner no. 1 is the father-inlaw and the petitioner no. 2 is the mother-in-law, who are said to be residing at Bombay with their another son, this Court by taking into account that the main allegation is against the husband, namely Farid Ansari who is said to be in jail since 10.02.2015, would be inclined to grant privilege of anticipatory bail to the petitioners, who have got no criminal antecedent. That being so, if the petitioners namely Amruddin Ansari and Afsari Khatoon surrender before the court below within a period of four weeks from today, they shall be released on

Patna High Court Cr.Misc. No.18545 of 2015 (2) dt.15-06-2015 2/3 bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sasaram, Rohtas in connection with Dinara (Bhanas) P.S.Case No. 411 of 2014, subject to the following conditions:

(i) That both the bailors will be close family relatives of the petitioners, who will undertake an affidavit giving genealogy as to how they are related with the petitioners. The bailors will also undertake to inform the court if there is any change in the addresses of the petitioners.

(ii) That the affidavit shall clearly state that the petitioners are not accused in any other case and if they are, they shall not be released on bail.

(iii) That the bailors shall also state on affidavit that they will inform the court concerned, if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of their bail on the ground of misuse. (iv) That the petitioners will be well represented on each and every date in course of trial and if they fail to

Patna High Court Cr.Misc. No.18545 of 2015 (2) dt.15-06-2015 3/3 do so on two consecutive dates, their bail will be liable to be cancelled on this ground alone.

(Mihir Kumar Jha, J) Sujit/- U