Domna @ Mansoor Alam And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22311 of 2018 Arising Out of PS.Case No. -9 Year- 2018 Thana -AWADPUR District- KATIHAR ======================================================

1. Domna @ Mansoor Alam, S/o Late Reyazat @ Reyzuddin,

2. Ghesri W/o Domna,

3. Bilkis, D/o Domna All R/o Vill.- Chandpara, P.S.- Abadpur, District- Katihar. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Najeeb Ahmad, Advocate For the Opposite Party/s : Mr. Sakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 27-04-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Abadpur P.S. Case No. 09 of 2018 registered under Sections 306 and 34 of the Indian Penal Code. In the first information report, it is alleged by the informant that on 23.01.2018 in the night, the petitioners along with Runa Khatoon, daughter of petitioner nos. 1 and 2 came to his house and said that his son Anabul has got love affairs with

Patna High Court Cr.Misc. No.22311 of 2018 (2) dt.27-04-2018 their daughter and they left Runa Khatoon there. Subsequently, the informant's son Anabul consumed poison on 24.01.2018 and committed suicide.

It has been submitted by the learned counsel for the petitioners that admittedly the informant is brother-in-law of petitioner no.1. He wanted to get his son married to Runa Khatoon. His proposal was turned down by the petitioners on account of minority of the girl. It has been submitted that though there is allegation that Runa Khatoon was left at the house of the informant, she was neither found in his house during police investigation nor there is any truth behind such allegation. He submitted that suicide committed by the informant's son may be unfortunate, but for the same, the petitioners cannot be blamed in any manner, as there is nothing to suggest that they instigated Anabul to commit suicide. On the other hand, learned counsel for the State submitted that the allegations are serious and the case is still under investigation. He submitted that the petitioners do not deserve privilege of pre-arrest bail especially when the investigation is going on.

Considering the nature of allegation and the

Patna High Court Cr.Misc. No.22311 of 2018 (2) dt.27-04-2018 submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate-1st Class, Katihar in connection with Abadpur P.S. Case No. 9 of 2018 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J) Sanjeet/- U T