Patna High CourtCR. MISC./69941/2019bail granted

Maulana Idrish Khan @ Md. Idrish Khan v. The State Of Bihar

2020-07-03Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69941 of 2019 Arising Out of PS. Case No.-246 Year-2019 Thana- SIRDALA District- Nawada ====================================================== 1.

Maulana Idrish Khan @ Md. Idrish Khan Son of Late Jumman Khan 2.

Hazra Khatoon Wife of Maulana Idrish Khan @ Md. Idrish Khan Both are Resident of Village - Hussain Chak, P.S.- Meskaur, Distt - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sinha For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-07-2020 Heard learned counsel appearing for the petitioners as well as learned Additional Public Prosecutor for the State through video conferencing.

Petitioners apprehend their arrest in connection with Sirdala (Meskaur) P.S. Case No.246/2019 registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.

At the very outset, learned counsel appearing for petitioners informs that petitioner No. 1, namely, Maulana Idrish Khan @ Md. Idrish Khan died during pendency of this petition. In view of the aforesaid submission, the prayer for anticipatory bail of petitioner No. 1, namely, Maulana Idrish Khan @ Md. Idrish Khan, stands dismissed being infructuous.

Patna High Court CR. MISC. No.69941 of 2019(3) dt.03-07-2020 2/2 So far as petitioner No. 2, namely, Hazra Khatoon is concerned, the learned counsel of the petitioner No. 2 submits that petitioner No. 2 happens to be the mother-in-law of the deceased and no specific overt act has been attributed against her. He further submits that, moreover, the husband of the deceased has already been sent into judicial custody. Considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind the petitioner No. 2 is aged about 70 years, it is ordered that petitioner No.

2, namely, Hazra Khatoon, in the event of her arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, VI, Nawada/concerned court in Sirdala (Meskaur) P.S. Case No. 246/2019 subject to conditions as laid down under Section 438(2) of the Cr.P.C.