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[Cites 3, Cited by 1]

Patna High Court - Orders

Samman Miya @ Muslim & Ors. vs The State Of Bihar on 19 January, 2012

Author: Anjana Prakash

Bench: Anajana Prakash

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Criminal Miscellaneous No. 43343 of 2011
                   ======================================================
                   1. Samman Miya @ Muslim S/O Late Farid Mian @ Late Abdul
                   Farid Village Amir Ganj P.S. Chhabilapur District Nalanda.
                   2. Somari Khatoon W/O Samman Miya @ Muslim Village Amir
                   Ganj P.S. Chhabilapur District Nalanda.
                   3. Md. Basir S/O Samman Miya @ Muslim Village Amir Ganj P.S.
                   Chhabilapur District Nalanda.

                                                                 .... ....   Petitioner/s
                                                 Versus
                   1. The State of Bihar

                                                      .... .... Opposite Party/s
                   ======================================================
                   CORAM: HONOURABLE JUSTICE SMT. ANAJANA PRAKASH
                   ORAL ORDER
                   (Per: HONOURABLE JUSTICE SMT. ANJANA PRAKASH)


02.   19.01.2012

Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered under Sections 498A and 306 of the Indian Penal Code.

Considering that the case is under Section 306 IPC and the petitioners are the parents-in-law and the brother-in-law of the deceased, let the petitioners, above named be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Nalanda in connection with Bihar P.S. Case No. 63 of 2010 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving Patna High Court Cr.Misc. No.43343 of 2011 (2) dt.19-01-2012 2/2 genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners. (ii) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Anjana Prakash, J.) Vikash/-