Rabisan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25213 of 2018 Arising Out of PS.Case No. -180 Year- 2017 Thana -BAUSI District- PURNIA ======================================================

1. Rabisan, W/o Majoon,

2. Shahnaz, W/o Shakeel,

3. Sonam, D/o Shakeel,

4. Sammi, D/o Shakeel, All resident of Village- Khaksa, P.S.- Baisi, Distt- Purnea. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Pramod Kumar Mallick, Advocate. For the Opposite Party/s : Mr. Murlidhar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-06-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Baisi P.S. Case No. 180 of 2017 instituted for the offence under Sections 328 and 302/34 of the Indian Penal Code.

In the written report it is alleged that daughter of the informant after being divorced by her first husband performed marriage with Md. Shakeel. Md. Shakeel has first wife namely Bibi Shahnaz Khatoon and from the wedlock of his first wife, he has three sons and five daughters. It is alleged that on 7.9.2017 in the evening some altercation took place between the daughter of the informant and petitioners. All the family members of the

Patna High Court Cr.Misc. No.25213 of 2018 (3) dt.21-06-2018 2/3 petitioners administered poison to the daughter of the informant. Learned counsel for the petitioners has submitted that husband of the deceased namely, Md. Shakeel @ Shakeel has been granted regular bail by a coordinate Bench of this Court vide order dated 20.03.2018 passed in Cr. Misc. 62711 of 2017 wherein it is mentioned that viscera was sent for examination and the FSL report received shows that no poisoning was detected in it. The petitioners are mother, wife and two daughters of Md. Shakeel.

Case diary has been received.

The postmortem report is available in the case diary Learned A.P.P. has submitted that it is mentioned in Postmortem report that various visceras have been preserved and no definite cause of death was given in the postmortem report. 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 six weeks from today, in connection with Baisi P.S. Case No. 180 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 learned Chief Judicial Magistrate, Purnia, subject to the conditions as laid down under

Patna High Court Cr.Misc. No.25213 of 2018 (3) dt.21-06-2018 3/3 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