Md. Sabir And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22149 of 2018 Arising Out of PS.Case No. -94 Year- 2017 Thana -RIGA District- SITAMARHI ======================================================

1. Md. Sabir, Son of Md. Safi @ Md. Safid,

2. Mangri Khatoon, Wife of Md. Sabir, Both are resident of Ward No. 3, Village- Sakhi, P.S.- Riga, DistrictSitamarhi. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shankar Kumar, Advocate. For the Opposite Party/s : Smt. Usha Kumari No-1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-05-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Riga P.S. Case No. 94 of 2017, G.R. No. 1471 of 2017 instituted for the offence under Sections 304B/34 of the Indian Penal Code. It has been submitted that petitioners are parents-inlaw of the deceased. The husband of the deceased has already been acquitted by the Trial Court on the basis of compromise petition filed by the informant.

In the written report there is general and omnibus allegation against the petitioners.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.22149 of 2018 (3) dt.09-05-2018 2/2 prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Riga P.S. Case No. 94 of 2017, G.R. No. 1471 of 2017, 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 Sri Rakesh Kumar, learned Judicial Magistrate, 1st Class, Sitamarhi, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond 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) S.Ali/- U T