Sahinoor And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57860 of 2018 Arising Out of PS. Case No.-84 Year-2018 Thana- POTHIYA District- Kishanganj ======================================================
1. Sahinoor, Wife of Manglu,
2. Manglu, Son of Panabula, Both residents of Village- Dulaligram Police Station- Islampur, District- Uttar Dinajpur (West Bengal). ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dilip Kumar Singh, Advocate For the Opposite Party/s :
Mr. Sri Kanhaiya Kishore, APP-100 For the Informant :
Mr. Raj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-12-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
In pursuance of show cause dated 02.11.2018, the petitioners and deponent of this case have filed their show cause stating therein that petitioners had no knowledge of any criminal case instituted against them. This fact is not controverted. On recovery of dead body of the son of the informant, an F.I.R. was lodged with allegation that petitioner No.2, Manglu, who is cousin brother of the informant and petitioner No.1, Sahinoor, who is wife of petitioner No.2 with intent to grab the land of the informant had committed assault in the past. Hence, they are
Patna High Court Cr.Misc. No.57860 of 2018(5) dt.03-12-2018 2/2 suspected to have committed the murder.
Submission is that the case diary would reveal that there is no direct evidence against the petitioners. Learned counsel for the informant opposed the prayer for anticipatory bail on the ground that in the past also petitioners had committed occurrence of assault against the informant for land dispute and that is strong circumstance against the petitioner for commission of murder of the son of the informant. Considering the fact that there is no substantial material against the petitioners, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order be released on bail on furnishing bail bonds of Rs.
20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Pothia Police Station Case No.84 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioners.