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Patna High CourtCR. MISC./32531/2016bail granted

Ansari Khatoon @ Anshari Khatoon And ANR v. The State Of Bihar

2016-12-23Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32531 of 2016 Arising Out of PS.Case No. -72 Year- 2016 Thana -MANIHARI District- KATIHAR ======================================================

1. Ansari Khatoon @ Anshari Khatoon wife of Md. Sagir

2. Md. Sagir son of Chhedi Khan All residents of Village- Rasulpur, P.S. Manihari, District- Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 23-12-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

Diary in this case was called for earlier, which has, since been received.

Learned counsel for the petitioners submits that though there is an allegation against these petitioners, it has come during the course of investigation that on the date of occurrence, these two petitioners were not present in the village and had gone to attend the wedding of their niece in another village. This fact stands corroborated by paragraph No. 46 of the case diary wherein the sister of the deceased, who had communicated the incident to

Patna High Court Cr.Misc. No.32531 of 2016 (3) dt.23-12-2016 P2/2 their parents, stated that mother-in-law and father-in-law of the deceased were not present at the time of occurrence. Taking into consideration the aforementioned facts as have appeared in the case dairy, let the petitioners above named, in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on 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 Chief Judicial Magistrate, Katihar in connection with Manihari P.S. Case No. 72 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T