IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.23288 of 2011
1.Md. Wajuddin @ Wajuddin, Son of Late Sirajuddin.
2.Ruba Khatoon, Wife of Md. Wajuddin.
3.Md. Minnat Alam @ Minat, Son of Md. Wajuddin.
4.Md. Nafish Alam @ Juned Alam, Son of Md. Wajuddin.
5.Ladly Khatoon, Wife of Md. Minnat Alam.
6.Sohagan Khatoon, Daughter of Md. Wajuddin.
All resisents of Village Dhumnagar, P.S. Azamnagar, District Katihar.
---------- Petitioners
Versus
The State Of Bihar
-------- Opposite Party
-----------
03/- 14.10.2011 Supplementary affidavit has been filed on
behalf of the petitioners.
Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State, who
is armed with carbon copy of the case diary up to
paragraph – 39 dated 28.05.2011.
All the six petitioners apprehending their
arrest in connection with a case registered for the
offence punishable under Sections 302, 304(B), 328,
120(B)/34 of the Indian Penal Code, are named accused
in this case being in-laws family of the deceased
daughter of the informant, who died after having two
children under unnatural circumstances within four
years of her marriage after suffering from demand of
dowry, torture etc.
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Submission is that the deceased died of
natural death and the informant after realizing the real
truth has already been filed an application before the
court below exonerating the petitioners and others from
the charges leveled.
Considering the facts and circumstances of
the case, in the event of informant and her husband both,
if alive or any other male member of the family only in
the event of death of the husband appearing before the
court below and on due identification support the filing
of such petition and the contents therein with their free
will and consent without any coercion and the husband
of the informant or the male member coming in support
stood as one of the bailors, in the event of their
arrest/surrender before the court below within four
weeks, let the above named petitioners be enlarged on
bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand only) each with two sureties of the like amount
each to the satisfaction of Chief Judicial Magistrate,
Katihar, in connection with Azamnagar P.S. Case No.
24 of 2011, subject to condition laid down under Section
438(2) of the Criminal Procedure Code with additional
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condition to remain physically present before the court
below till disposal of the case and in case of failure on
two consecutive dates without giving any reasonable
explanation, the liberty granted shall be deemed to be
cancelled.
Praveen/- ( Akhilesh Chandra, J.)