High Court Patna High Court - Orders

Md. Wajuddin @ Wajuddin & Ors. vs The State Of Bihar on 14 October, 2011

Patna High Court – Orders
Md. Wajuddin @ Wajuddin & Ors. vs The State Of Bihar on 14 October, 2011
                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.)