Nilofer Bano v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7290 of 2023 Arising Out of PS. Case No.-740 Year-2022 Thana- CIVIL LINE District- Gaya ====================================================== 1.
Nilofer Bano Wife Of Md. Asgar Ali Resident Of Village - Nasirpur, P.S.- Chandauti, Dist.- Gaya At Present Residing At Moh- Old Karimganj, Road No.- 2, Near Madarsa Gali, P.S.- Civil Lines, Dist.- Gaya. 2.
Md. Asgar Ali Son Of Md. Aminuddin Resident Of Village - Nasirpur, P.S.- Chandauti, Dist.- Gaya At Present Residing At Moh- Old Karimganj, Road No.- 2, Near Madarsa Gali, P.S.- Civil Lines, Dist.- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar Sinha For the Opposite Party/s :
Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-04-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioners submits that he has filed the supplementary affidavit on 19.04.2023. Office is directed to find out the supplementary affidavit and enclosed the same on record.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 420, 467, 468, 384, 34 of the Indian Penal Code.
Allegation against the petitioners is that they entered into the house of the informant in his absence. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.7290 of 2023(3) dt.21-04-2023 2/3 the petitioners are innocent and have been falsely implicated in this case. He submits that the petitioner no. 2 is the own Bhagina of the informant. The informant went to Kolkata for the purpose of business and resided there permanently and with mutual consent handed over the house to the petitioner no. 2 for living there 20 years prior and since then petitioners have been living. He submits that the date of occurrence is 11.10.2022 but FIR has been lodged on 28.10.2022 after 17 days delay. He submits that there is civil dispute in between the parties. He further submits that petitioner no. 1 has no criminal antecedent and petitioner no. 2 has two criminal antecedent as stated in para-3 of this application.
Learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Civil Lines P.S. Case No. 740 of 2022,
Patna High Court CR. MISC. No.7290 of 2023(3) dt.21-04-2023 3/3 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T