Md. Nasim @ Md. Jasim @ Md. Wasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3280 of 2022 Arising Out of PS. Case No.-96 Year-2021 Thana- CHAKAND District- Gaya ====================================================== MD. NASIM @ MD. JASIM @ MD. WASIM SON OF MD. SALIM R/O VILLAGE- BARA, P.S.- CHAKAND, DISTRICT- GAYA, BIHAR ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

MD. MAJHAR YUNUS SON OF LATE HAJI MD. YUNUS R/O - BARA, P.S.- CHAKAND, DISTRICT- GAYA, BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Rajiv Nayan Mr.Sudhir Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-11-2022 Heard learned counsel for the parties.

The petitioner apprehends her arrest in a case registered for the offence under Sections 341, 323, 379, 406, 420, 504, 506 of the Indian Penal Code.

As per prosecution case, this petitioner, conspiring with other co-accused, in lieu of providing land, took money from the informant, but did not execute sale-deed in his favour. By filing supplementary affidavit, it is submitted on behalf of petitioner that petitioner is ready to refund Rs. 5,00,000/- (five lacs) in three installments to the informant. This submission has been made in paragraph - 3 of the supplementary affidavit. In the light of above submission, he makes a prayer for grant of anticipatory bail to the petitioner.

Patna High Court CR. MISC. No.3280 of 2022(3) dt.02-11-2022 2/2 Learned counsel for the informant/O.P.-2 does not oppose the prayer for anticipatory bail.

Accordingly, let the above named petitioner, in the event of his arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate - VIII, Gaya in connection with Chakand P.S. Case No. 96 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition the petitioner shall refund Rs. 2,00,000/- (two lacs) through Bank Draft to the informant at the time of furnishing bailbond and rest amount i.e. Rs. 3,00,000/- (three lacs) in two installments shall be refunded through Bank Draft to the informant within a period of one year from the date of furnishing bail-bond, failing which, the learned court below would be at liberty to cancel the bail-bond. The said deposit shall be subject to the final outcome of the case. (Prabhat Kumar Singh, J) anay/- U T