Hala Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9670 of 2023 Arising Out of PS. Case No.-527 Year-2022 Thana- KHAJANCHI HAT District- Purnia ====================================================== 1.

HALA KHATOON W/o Late Taukir @ Md. Taukir Alam @ Md. Taukir R/o Mohaniya, P.S.- Palasi, Distt- Araria.

2.

Shamim @ Mohammad Shamim S/o Mohiuddin R/o Mohaniya, P.S.- Palasi, Distt- Araria.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md Fazle Karim For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with K. Hat P.S. Case No.527 of 2022, registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

As per written report of the informant, petitioner no.1 in connivance with petitioner no.2 have committed breach of trust and forgery with father and mother of the deceased, Md. Taukir by grabbing their share of Rs.3,62,500/- inspite of filing compromise in between the parties.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.9670 of 2023(3) dt.09-05-2023 2/3 petitioners are innocent and have falsely been implicated in the present case. It is further submitted that petitioners have got no criminal antecedent as stated in paragraph-3 of the bail petition. It is submitted that petitioners are ready to deposit Rs.3,62,500/- in the Nazarat of the learned court below within a period of eight months from today.

Considering the fact that petitioners are ready to deposit Rs.3,62,500/- in the Nazarat of the learned court below within a period of eight months from today, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on provisional anticipatory bail for a period of eight months on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnea in connection with K. Hat P.S. Case No.527 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. The learned court below is directed to confirm the bail bonds of the petitioners after verifying the fact that petitioners have already deposited Rs.3,62,500/- in the Nazarat of the learned court below.

The learned District Judge-cum-PO, MACT, Purnea is

Patna High Court CR. MISC. No.9670 of 2023(3) dt.09-05-2023 3/3 directed to hand over the above noted amount to Claimants No.2 and 3, namely, Rabiya Khatoon (mother of the deceased) and Ali Raseed @ Abdul Raseed (father of the deceased). (Anjani Kumar Sharan, J) S.KUMAR/- U T