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Patna High CourtCR. MISC./36104/2014allowed

Heena Kauser @ Heena @ Hena And ANR. v. The State Of Bihar

2015-03-20Mr. Justice Ramesh Kumar Datta3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36104 of 2014 Arising Out of PS.Case No. -85 Year- 2014 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. Heena Kauser @ Heena @ Hena D/o Md. Manjoor @ Manjoor Ahmad

2. Md. Masood Anwar S/o Md. Manjoor @ Manjoor Ahmad All are Resident of Mohalla Rekabganj, P.S. Tatarpur, District Bhagalpur. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 20-03-2015 Heard learned counsel for the petitioners. No one appears for the State.

The petitioners pray for anticipatory bail in a case registered under Sections 420, 467, 468, 471/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the allegation against the petitioners is with regard to having taken money as Senior Agent and Agent of the Non-Banking Company but thereafter the same was not returned to the informant, which resulted in filing the present F.I.R. against them. It is further submitted by learned counsel for the petitioners that prior to the filing of the F.I.R., the petitioner No.2 had also filed a complaint case against the Director and officebearers of the company, namely, Angel Agritech Limited regarding their having received the money but not returned to

various investors. The informant and other office-bearers were named as witnesses and they have also deposed in the said complaint case in favour of the petitioner No.2, complainant, and they have not made any such statement as they have now made in the F.I.R.

It is also submitted by learned counsel for the petitioners that the petitioners do not have any criminal history. In the facts and circumstances of the case, it is directed that the petitioners (1) Heena Kauser @ Heena @ Hena and (2) Md. Masood Anwar, in the event of their arrest/surrender in the Court below within a period of four weeks from today, shall be released on bail on furnishing bail bonds of Rs.25,000/- each with two sureties of the like amount each to the satisfaction of A.C.J.M., Bhagalpur in connection with Nath Nagar P.S. Case No.85/2014, subject to the stipulations made in Section 438 (2) of the Cr.P.C. and subject to the further condition that petitioner No.2 shall present himself every Monday in the concerned police station and the petitioners shall also remain present for the purpose of completion of the investigation as and when they are directed by the police.

V.P.Sinha/- (Ramesh Kumar Datta, J) U