Ajmeri Khatoon @ Guriya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18622 of 2015 Arising Out of PS.Case No. -383 Year- 2014 Thana -KHAGARIA District- KHAGARIA ====================================================== Ajmeri Khatoon @ Guriya wife of Md. Sahabuddin, resident of MohallaBabuaganj, P.S. Khagaria, District- Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. S. Eheteshmuddin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 15-06-2015 Having regard to the nature of allegation for offence under Section 420, 467, 468, 471 and 120B of the Indian Penal Code and the admitted position that there was an earlier case filed by the petitioner regarding kidnapping of her husband by the members of the prosecution party and the fact that there is also no written instrument to show payment of Rs. 7 lac made to the petitioner for execution of sale deed of land, this Court would be inclined to grant privilege of anticipatory bail to the petitioner who has also got no criminal antecedent, inasmuch as, the case at best appears for the present to be a civil dispute. That being so, if the petitioner, namely, Ajmeri Khatoon @ Guriya surrenders before the court below within a period of four weeks from today, she shall be released on bail on

Patna High Court Cr.Misc. No.18622 of 2015 (2) dt.15-06-2015 furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Khagaria P.S. Case No. 383 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to following conditions:- (i) That both the bailors will be a close relative of the petitioner, who will undertake an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if she is, she shall not be released on bail.

(iii) That the bailors shall also state on affidavit that they will inform the court concerned, if the petitioner is implicated in any other case of similar nature after her release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the petitioner will be well represented on each and every date in course of trial and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled on this

Patna High Court Cr.Misc. No.18622 of 2015 (2) dt.15-06-2015 ground alone.

(Mihir Kumar Jha, J) Rishi/- U T