IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.44228 of 2010
1. MD GULAB, SON OF LATE IBRAHIM
2. SHAHJADI KHATOON, WIFE OF MD. GULAB
Versus
THE STATE OF BIHAR
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2. 15.03.2011 Heard learned counsel for the petitioners and the
State.
The petitioners seek bail in a case instituted for the
offence under Sections 302/34 of the Indian Penal Code and
Sections ¾ of Dowry Prohibition Act.
It has been submitted that the petitioners are
parents-in-law of the deceased and there is no specific overt act
against them as also that it is not a case under Section 304B of
the Indian Penal Code where the question of presumption
would arise.
Considering the same, let the petitioners above
named, be released on bail on furnishing bail bond of Rs.
5,000/- (Five thousand) each with two sureties of the like
amount each or any other surety to be fixed by the court
concerned to the satisfaction of 1st Additional Sessions Judge,
Samastipur, in Sessions Trial No. 413 of 2010 arising out of
Tajpur Bangra P.S. Case No. 64 of 2010 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
genealogy as to how he is related with the petitioners. The
bailor will undertake to furnish information to the Court about
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any change in address of the petitioners. (ii)That the bailor shall
also state on affidavit that he will inform the court concerned if
the petitioners are implicated in any other case of similar nature
after their release in the present case and thereafter the court
below will be at liberty to initiate the proceeding for cancellation
of bail on the ground 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.)
S.Ali