Sabila Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82793 of 2019 Arising Out of PS. Case No.-613 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== 1.
SABILA KHATOON Wife of Naseer Ansari Resident of Village - Babhnauliya, P.S.- Turkauliya, District - East Champaran at Motihari. 2.
Naseer Ansari Son of Late Ameen Ansari Resident of Village - Babhnauliya, P.S.- Turkauliya, District - East Champaran at Motihari. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vibhakar Kumar For the Opposite Party/s :
Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-06-2020 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Turkauliya P.S. Case No. 613 of 2019, disclosing the offence under Sections 304-B/34 of the Indian Penal Code. The petitioners are mother-in-law and father-in-law of the victim. There is allegation against the family members of the husband of the deceased including the husband of making demand of dowry and torturing the deceased leading to her death.
Learned counsel appearing on behalf of the petitioner has submitted that it is highly improbable that the accused persons would make demand of golden chain and kill the deceased for non-fulfillment of the said demand. He has
Patna High Court CR. MISC. No.82793 of 2019(3) dt.23-06-2020 2/2 submitted that the deceased had fallen seriously ill, thereafter she was taken to hospital for treatment by her in-laws, where she died. He has further submitted that the informant after having realised the true state-of-affairs has resiled from her version, which was the basis for registration of the FIR. Considering the facts and circumstances as noted above, this application is allowed. Let the petitioners, abovenamed, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned C.J.M., Motihari in Turkauliya P.S. Case No. 613 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T