Md. Taiyab And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17120 of 2018 Arising Out of PS. Case No.-377 Year-2017 Thana- SARAIYA District- Muzaffarpur ======================================================

1. Md. Taiyab, son of Late Safiullah,

2. Masuma Khatoon, wife of Md. Taiyab, Both are Resident of Village- Paharpur, P.S.- Saraiya, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Yugal Kishore For the Opposite Party/s :

Mr. Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-05-2018 Heard learned counsel for the petitioners and learned APP for the State as well as counsel for the informant. Petitioners apprehend their arrest in Saraiya P.S. case no. 377 of 2017 instituted for the offence under Section(s) 304B/34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that these petitioners are father-in-law and mother-in-law of the deceased. The husband of the deceased has surrendered in the court below and since then he is in custody.

Learned counsel for the informant has appeared and submitted that it has come during investigation that husband of the victim was living in Gujarat. In the written report, there is general and omnibus allegation against these petitioners.

Patna High Court Cr.Misc. No.17120 of 2018(3) dt.11-05-2018 2/2 In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Saraiya P.S. case no. 377 of 2017, G.R.No. 2458 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 the learned A.C.J.M. 1st, West, Muzaffarpur, 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) shyambihari/- U T