Mujib @ Mojib @ Md. Mojb And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18326 of 2017 Arising Out of PS.Case No. -11 Year- 2017 Thana -BAUSI District- PURNIA ======================================================

1. Mujib @ Mojib @ Md. Mojb Son of Late Kashim

2. Asgari @ Asgari Begum wife of Mujib @ Mojib @ Md. Mojib Both residents of village - Pahariya, Dakshin Tola, P.S. Baisi, District - Purnea.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Kumar Malendu For the Opposite Party/s : Mr. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-07-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Baisi P.S. Case No. 11 of 2017 for the offences punishable under section 304 (B)/34 of the I.P.C and section 3⁄4 of the Dowry Prohibition Act. The petitioners are father-in-law and mother-in-law and as per allegation made in the FIR it was Md. Sahbul, the husband of the deceased, who started demanding cash of Rs. 50,000/- and motorcycle and he abused and assaulted her resulting the deceased committed suicide by hanging. Later on allegations have been made against the petitioners also regarding their

Patna High Court Cr.Misc. No.18326 of 2017 (3) dt.01-07-2017 2/2 involvement in the crime.

Submission is of false implication and that the petitioners were living separately, they have no concern with the family affairs of the deceased and her husband, during investigation the independent witness Md. Jahrul and Manjur Alam, vide paragraphs- 42 and 43 of the case diary, have stated regarding innocence of the petitioners and as such the petitioners deserve sympathetic consideration.

The learned A.P.P. fairly submits that main allegation is against the husband.

In the facts and circumstances as stated above, the petitioners, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released 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. C.J.M. Purnea in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T