Patna High CourtCR. MISC./45611/2017bail granted

Kuddusan @ Kuddusan Bibi And ANR v. The State Of Bihar

2017-10-03Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45611 of 2017 Arising Out of PS.Case No. -280 Year- 2017 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Kuddusan @ Kuddusan Bibi W/o late Istekhar Khan

2. Sabbu Khan @ Ashfak Khan S/o late Istekhar Khan Both R/o VillageDumraith, P.S. Bhabua, District- Kaimur(Bhabua). .... .... Petitioners

Versus

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

For the Petitioners : Mr. Ashwini Kumar Rai, Advocate. For the Opposite Party : Mr. Rajeev Nayan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-10-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 302 and 120(B)/34 of the IPC.

The prosecution story, in brief, is that the petitioners and others killed the victim and her two children due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been

Patna High Court Cr.Misc. No.45611 of 2017 (2) dt.03-10-2017 2/2 implicated in the present case due to mistake of fact. The petitioner no. 1 is the mother-in-law of the deceased and petitioner no. 2 is the Dewar of the deceased. They are separate in mess and property from the husband of the deceased. The alleged occurrence has taken place after 12 years of marriage. On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Kaimur at Bhabua, in connection with Bhabua P.S. Case No. 280 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T