Patna High CourtCR. MISC./15051/2015bail granted

Mahmoloda Begum And ANR v. State Of Bihar And ANR

2015-05-12Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15051 of 2015 Arising Out of PS.Case No. -59 Year- 2011 Thana -MAGADH UNIVERSITY District- GAYA ======================================================

1. Mahmoloda Begum wife of Late Zahoor Alam

2. Md. Nasimuddin son of Late Zahoor Alam .... .... Petitioner/s

Versus

1. The State of Bihar

2. Dr. Pintu Kumar Singh S/o Dr. Mahendra Singh .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s : Mr. T.P.Mandal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-05-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 420, 406 and 504/34 of the Indian Penal Code.

It is alleged that Rs. three lack was received by the petitioners for executing sale deed for transferring a land in favour of the informant but subsequently, the petitioners refused to transfer the same and petitioner no.1 executed a Power of Attorney in favour of petitioner no.2. It is further alleged that neither the sale deed was executed nor the money was returned. It is submitted by learned counsel for the petitioners that there is no proof with regard to payment of alleged money.

Patna High Court Cr.Misc. No.15051 of 2015 (2) dt.12-05-2015 2/2 The petitioners could not move for anticipatory bail earlier since application for quashing of the FIR was pending before this Court and co-accused has been granted regular bail vide Criminal Miscellaneous No. 31692 of 2011. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Gaya in connection with Magadh University P.S. Case No.59 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T