IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.691 of 2011 1. MOHAMMAD SAQLAIN, SON OF LATE NURUL HASAN 2. JAHANARA KHATOON @JAHANARA ALIAS BUDHIA, WIFE OF MOHAMMAD SAQLAIN. 3. MOHAMMAD FARID @ MD. FARIDUDDIN AHMAD, SON OF MOHAMMAD SAQLAIN ALL RESIDENTS OF VILLAGE- BHOGARI, POLICE STATION- MANJHAULIA, DISTRICT- WEST CHAMPARAN, PRESENTLY RESIDING AT MOHALLA- AKBAR NAGAR, NEAR RAILWAY GUMTI, POLICE STATION BETTIAH, DISTRICT-WEST CHAMPARAN. 4. TALAT JABIN, DAUGHTER OF MOHAMMAD SAQLAIN, WIFE OF PARWEZ ALAM, AT PRESENT RESIDING AT VILLAGE- BHERIHARWA, POLICE STATION- RAMGARHWA, DISTRICT- EAST CHAMPARAN.-----------PETITIONERS. Versus THE STATE OF BIHAR. --------------OPPOSITE PARTY ----------- 2 03.02.2011 Heard learned counsels for the petitioners and the State. The petitioners being family members of the husband are apprehending their arrest in a case registered under Sections 302/34 I.P.C. in which they have been summoned in exercise of power under Section 319 of the Cr.P.C. The petitioners who were initially made accused but after the investigation only husband of the victim was charge sheeted and with regard to the others investigation was kept pending but during the trial of the husband, seven witnesses were examined out of which the informant claimed that the husband had illicit relationship with the wife of elder brother whereas the witness nos. 1, 2, 3 and 5 suggested that these petitioners were seen fleeing away from the place of occurrence (vide order dated 01.12.2010). The petitioners have been summoned under Section 319 of the Cr.P.C. vide order dated 01.12.2010, since the petitioners have been summoned under Section 319 on the basis of circumstantial evidence as petitioners were not charge sheeted till date and petitioner nos. 2 and 4 being ladies, let the above named petitioners be enlarged on bail in the even of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Sessions Trial No. 151 of 2010 arising out Majhaulia P.S. Case no. 291 of 2010 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, Fast Track Court-IV, Bettiah at West Champaran under the conditions as laid down under Section 438(2) of the Cr.P.C. Learned Trial Court shall be at liberty to cancel the bail of the petitioners if they default on three dates. Amrendra/- (Dinesh Kumar Singh, J.)