Sk. Khalil @ Sk . Kalil And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.40256 of 2017 (2) dt.21-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40256 of 2017 Arising Out of PS.Case No. -137 Year- 2016 Thana -AMDABAD District- KATIHAR ======================================================

1. Sk. Khalil @ Sk . Kalil, Son of Late Sk Abid,

2. Bibi Budhiya W/o Sk Khalil @ Sk. Kalil.

Both R/o Village- Raghunathpur, P.S.- Amdabad, District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar, Advocate. For the Opposite Party/s : Mr. Aditya Narayan Singh 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Amdabad P.S. Case No. 137 of 2016 instituted for the offence under Sections 302 and 120(B)/34 of the Indian Penal Code. It has been submitted on behalf of the petitioners that they are parents-in-law of the deceased. The husband is already in custody.

From the written report itself it appears that there is general and omnibus allegation against the petitioners. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within

Patna High Court Cr.Misc. No.40256 of 2017 (2) dt.21-09-2017 six weeks from today, in connection with Amdabad P.S. Case No. 137 of 2016, 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 D. Singh, learned Judicial Magistrate, 1st Class, Katihar, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners 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