Md. Hanif v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19376 of 2021 Arising Out of PS. Case No.-455 Year-2020 Thana- BHAGWAN BAZAR District- Saran ====================================================== 1.
MD. HANIF Son of Sabir Mohammad Resident of Village - Jalalpur Methwalia, P.S.- Revelganj, District - Saran (Chapra). 2.
Akhtari Khatoon Wife of Md. Amin Resident of Village - Jalalpur Methwalia, P.S.- Revelganj, District - Saran (Chapra). ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP For the Informant :
Mr. Harish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-03-2022 Heard Mr. Ajay Kumar Tiwary, learned Advocate for the petitioners and Mr. Harish Kumar for the informant. The State is represented by Mr. Ram Priya Sharan Singh. The petitioners seek bail in anticipation of their arrest in connection with Bhagwan Bazar P.S. Case No. 455 of 2020 dated 05.10.2020 which was initially instituted for the offence under Section 380 of the Indian Penal Code but later Section 411 IPC has been added.
The petitioner no. 1 is named in the FIR, whereas the petitioner no. 2 has not been named in the FIR. It appears from the long prosecution report that one Afsana Khatoon and her mother were employed as maids in the
Patna High Court CR. MISC. No.19376 of 2021(2) dt.25-03-2022 2/3 house of the informant. In the absence of the informant, the aforesaid Afsana Khatoon and her mother pilfered the gold ornaments kept in the house. Later, some of the ornaments belonging to the informant was recovered from the house of Afsana Khatoon.
The petitioner no. 1 has been made accused in this case because he is the father of aforesaid Afsana Khatoon. So far as the petitioner no. 2 is concerned, there is no reference of her either in the FIR or in the police papers regarding her specific role in the case.
Afsana Khatoon has been granted regular bail by the court below.
The FIR has been registered after 20 days of the occurrence and that also on suspicion.
Considering the nature of accusation against the petitioners, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate - 1st , Chapra in connection with Bhagwan
Patna High Court CR. MISC. No.19376 of 2021(2) dt.25-03-2022 3/3 Bazar P.S. Case No. 455 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Ashutosh Kumar, J) krishna/- U T