Ajmeri Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19946 of 2019 Arising Out of PS. Case No.-176 Year-2018 Thana- PANAPUR District- Saran ====================================================== Ajmeri Khatoon, Wife of Merazuddin @ Md. Merazuddin, Resident of Village - Taraiya, P.S. - Hussainganj, Distt.- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar For the Opposite Party/s :
Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-04-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner, being the daughter of the informant, is apprehending her arrest in a case registered for the offences punishable under Sections 406, 420, 386 and 387 of the Indian Penal Code.
The prosecution case got initiated with the filing of Complaint Case No. 1436 of 2018 by Rakiba Bibi which came to be registered as Panapur P.S. Case No. 176 of 2018 after complaint being transferred under Section 156(3) of the Cr.P.C. The prosecution case is that the petitioner is the daughter of the informant. On 22.07.2011 the informant got Rs.Ten lakhs on sale of her land which was deposited in her account and she was assured that if she invests the same in fixed
Patna High Court CR. MISC. No.19946 of 2019(2) dt.11-04-2019 2/3 deposit she will get double of the invested amount in seven years. On 08.08.2011, 20.08.2011 and 27.09.2011, the informant was taken to the bank and her thumb impressions were taken on different papers and subsequently, she came to know that the money has been withdrawn from her bank account fraudulently. It is submitted by learned counsel for the petitioner that the money has been withdrawn with the thumb impression of the informant. It is admitted fact that the informant deposited the money into her bank account and for the alleged withdrawal of money made in 2011, the FIR has been registered in 2018. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the accusation against the petitioner is specific.
Considering the delayed lodging of the case, the own admission of the informant that she deposited the money into her bank account and the same was being withdrawn with her thumb impression, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from
Patna High Court CR. MISC. No.19946 of 2019(2) dt.11-04-2019 3/3 today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - 4th, Saran at Chapra in connection with Panapur P.S. Case No. 176 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T