Kausher Nasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36091 of 2015 Arising Out of PS.Case No. -71 Year- 2014 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Kausher Nasim .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Mustaque Alam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-09-2015 Heard learned counsels for the petitioner, informant and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 364, 365, 368 and 120B of the Indian Penal Code.

The prosecution case is that the husband of the informant was an Assistant Teacher in the upgraded Middle School, Deoduttwa Bahuwari where the petitioner was the Headmaster and in the background of earlier litigated relationship, the husband of the informant went in the company of this petitioner on 02.01.2014 to attend some feast and thereafter he went traceless.

It is submitted by learned counsel for the petitioner that for the occurrence of 02.01.2014, the complaint was filed on

Patna High Court Cr.Misc. No.36091 of 2015 (2) dt.07-09-2015 2/2 21.01.2014 which came to be registered as a police case on 08.09.2014. The husband of the informant was in jail in Nepal since 01.02.2014 in a case related to narcotic when he was released on 19.05.2014.

It is submitted by learned counsel for the informant that since the husband of the informant disclosed the irregularity committed by the petitioner for which a case was also lodged, he was being taken to Nepal and was roped in a case. Considering the delayed lodging of the case and the fact that during relevant period, the husband of the informant was in custody in Nepal, 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 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari, East Champaran in connection with Sugauli P.S. Case No. 71 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T