IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34236 of 2011 ====================================================== 1. Md.Dukhwa son of Md. Jalaluddin 2. Bibi Bano wife of Md. Jalaluddin 3. Anwari Khatoon wife of Md. Mukhtar, All are residents of village- Pothia, P.S. Azamnagar (Salmari O.P.) District Katihar. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md.Qumrul Hoda, Advocate. For the Opposite Party/s : Dr. M.K. Gautam, Addl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 3 14-10-2011 Heard the parties. The petitioners apprehend their arrest in a criminal prosecution registered under Sections 406, 420 and some other allied offences under the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are in-laws of the informant and the allegation of receiving Rs. 45,000/- (Rs. Forty five thousand), by way of compensation by them for unnatural death of the husband of the informant, is not correct. It is also submitted that because of previous enmity between the informant at one side and the petitioners at other side, the present criminal case has been lodged with almost baseless and concocted allegations. Learned Additional Public Prosecutor has strongly opposed the prayer for anticipatory bail. He submits that the informant is a widow and after death of her husband, she is not being supported by these petitioners and instead Rs. 45,000/-, which was paid by Patna High Court Cr.Misc. No.34236 of 2011 (3) dt.14-10-2011 2 / 2 2 the previous employer by way of compensation for the unnatural death of the husband of the informant, has been misappropriated by the accused persons, including the petitioners. In response to the query made by this Court, learned counsel for the petitioners has fairly submitted that the petitioners are prepared to pay Rs. 45,000/- to the informant provided their defence in the criminal trial is not adversely affected. In view of the fair stand taken by the learned counsel for the petitioners, in the event of surrender in the court below within a period of six weeks from today, the above named petitioners shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Azamnagar (Salmari) P.S. Case No. 60 of 2011, subject to the conditions as laid down under Section 438(2) Cr. P. C. and subject to further condition that before acceptance of their bail bonds, the petitioners must hand over Rs. 45,000/- (Rs.Forty five thousand) to the informant either in cash or by way of Bank draft or by any other mode subject to the satisfaction of the learned court below. It is made clear that in case the petitioners fail to pay the aforesaid amount of Rs. 45,000/- to the informant within the time prescribed, then it shall be construed that the prayer for anticipatory bail made on behalf of the petitioners has been finally rejected by this Court and in that case, they must surrender in the court below and seek regular bail, if so advised, in the aforesaid criminal case. B Tiwary/- (Birendra Prasad Verma, J)