Nurema Khatton @ Naraisa Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16540 of 2020 Arising Out of PS. Case No.-135 Year-2019 Thana- GORIAKOTHI District- Siwan ====================================================== NUREMA KHATTON @ NARAISA KHATOON, Wife of Inamuddin, Resident of Village- Chakmanjan, P.S.- Barauli, District- Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhananjay Kumar Tiwary, Adv.
For the Opposite Party/s :
Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-09-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceeding. The petitioner is apprehending her arrest in a case registered for the offence punishable under Sections 420, 120(B)/ 406/ 384, 341 and 34 of the Indian Penal Code. Prosecution case in brief is that the petitioner is one of the relative in village of the informant, the another accused Ekhlakh came in the village of the informant and proposed a job in Arab country on better salary the informant and other two were given Rs. 18,000/- and photocopy of passport thereafter, the accused went to Arab and demanded Rs. 2,07,000/- and original passport to the petitioner, the accused was sent to Visa than the informant and other two were again given Rs. 45,000/- to the petitioner on 12.09.2017 the informant and others went to
Patna High Court CR. MISC. No.16540 of 2020(3) dt.09-09-2020 2/3 Arab but there was no satisfactory job and salary then they were again given Rs. 3,24,000/- to the petitioner at the instance of the one contractor of Arab, the informant and others came back in India and filed this case.
Learned counsel for the petitioner submits that the petitioner is quite innocent and she had committed no offence, the prosecution story is highly improbable absurd, concocted and false. It further submits that as per FIR, there is no documentary evidence and there is only oral evidence regarding given money, the petitioner is not an agent rather she is country side woman aged about 65 years old, she is not known anything about the case. It further submits that as a matter of fact no occurrence took place as stated in prosecution case it is a totally false. The petitioner has got no criminal antecedent. Learned APP for the State opposed the prayer for bail petition and submits that the petitioner not only cheated the informant with the conspiracy of her son but also played with the dreams and emotions of the informant and the victims. In the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected in connection with Goreakothi P.S. Case No. 135 of 2019 from the Court of
Patna High Court CR. MISC. No.16540 of 2020(3) dt.09-09-2020 3/3 learned Chief Judicial Magistrate, Siwan.
Accordingly, this application is dismissed.
However, petitioner is directed to surrender before the learned court below and make prayer for bail, the learned court below shall dispose of the bail petition on the same day without being prejudiced by this order.
(Anjani Kumar Sharan, J) amitkumar/- U T