Nazma Praveen v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16317 of 2019 Arising Out of PS. Case No.-452 Year-2018 Thana- MOTIHARI TOWN District- East Champaran ====================================================== 1.

NAZMA PRAVEEN Wife of Md. Gulzar Ansari 2.

Azazul Ansari @ Md. Irfan, Son of Kodai Ansari, Both are Resident of Village- Nakchhed Tola Near Sadar Hospital, P.S.- Town (Motihari), District- East Champaran at Motihari.

... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Dilip Kumar Roy, Advocate.

For the Opposite Party:

Mr. Uma Shanker Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 504, 506, 353 of the Indian Penal Code registered in connection with Town P.S. Case No. 452 of 2018.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of inspection sought to be carried out by the official of the Electricity Department. Petitioner no. 1 requested that the inspection be carried out upon return of her husband. Petitioner no. 2 is the devar of petitioner no. 1. It is submitted that in any event the complaint has been filed before the District Forum (Annexure-2) for excess electric billing prior to institution of the present F.I.R. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners

Patna High Court CR. MISC. No.16317 of 2019(2) dt.15-03-2019 2/2 arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, East Chyamparan, Motihari in connection with Town P.S. Case No. 452 of 2018 subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions: (i) That one of the bailors of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner no. 1 shall be well represented and petitioner no. 2 shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Ibrar//- U T