Wazifan Khatoon And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75211 of 2018 Arising Out of PS. Case No.-318 Year-2018 Thana- HARSIDHI District- East Champaran ======================================================

1. Wazifan Khatoon Wife of Late Basir Ansari

2. Ashmin Khatoon @ Tinki Khatoon Wife of Saddam Ansari

3. Azaz Ansari Son of Late Basir Ansari All Resident of Village-Damobriti,P.S. Harsidhi,Distt.-East Champaran

4. Kalamuddin @ Kalamuddin Ansari Son of Sahid Mian Resident of VillageKatahan,P.S. Muffasil,Distt.-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-12-2018 Heard learned counsel for the petitioners and learned APP representing the State.

Petitioners are seeking anticipatory bail in connection with Harisidhi P.S. Case No.318 of 2018 registered for the offences punishable under Sections 304B, 201 and 34 of the Indian Penal Code.

Learned counsel representing these petitioners points out that petitioner no. 1 is the grandmother-in-law, petitioner no. 2 is the married Nanad, petitioner no. 3 is Dewar and petitioner no. 4 is the husband of petitioner no. 2, all of them have been made accused in the present case. Learned counsel submits that the deceased was living separately with her husband. The

Patna High Court Cr.Misc. No.75211 of 2018(2) dt.21-12-2018 2/3 mother-in-law, Dewar, married sister and her husband have been made accused only to involve the entire kith and kins of the family of the husband. It is further submitted that the husband of the deceased has already surrendered and is in custody. The petitioners are willing to participate in course of investigation and to cooperate with the Investigating Agency. Learned counsel representing the informant has opposed the prayer for anticipatory bail of these petitioners. However, considering the facts and circumstances, whereunder, the husband is already on bail and so far as, these petitioners are concerned, they are said to be living separately and even petitioner no.

2 and her husband are married Nanad and Nandoi of the deceased who have nothing to do with the family of the deceased, as submitted, in case of arrest or surrender of the petitioners within a period of four weeks from today, the abovenamed petitioners shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judical Magistrate, Motihari, East Champaran in connection with Harsidhi P.S. Case No.

Patna High Court Cr.Misc. No.75211 of 2018(2) dt.21-12-2018 3/3 period of three weeks from today and shall cooperate in course of investigation, failing which the Investigating Officer shall be at liberty to take steps for cancellation of their bail bond. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) r.r.ojha/- U T