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Patna High CourtCR. MISC./18837/2019bail granted

Bibi Mobina Khatoon v. The State Of Bihar

2019-03-28Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18837 of 2019 Arising Out of Case No.-320 Year-2017 MADHEPURA COMPALINT CASE DistrictMadhepura ====================================================== 1.

BIBI MOBINA KHATOON Wife of Md. Jahiruddin Resident of Village - and P.S.- Janki Nagar, Distt - Purnea.

2.

Md. Jahiruddin Son of Late Md. Hanif Resident of Village - and P.S.- Janki Nagar, Distt - Purnea.

3.

Md. Izrail @ Mantoo Son of Md. Sagir Resident of Village - Manoharpur, P.S.- Chausa, Distt - Madhepura.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Dr. Zed Amin Son of Md. Jalaluddin Resident of Village - Chausa, Paschami, P.S.- Chausa, Distt - Madhepura.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nafisuzzoha For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-03-2019 Heard both sides.

The petitioners apprehend their arrest in Complaint case No. 320 of 2017 for the offences allegedly committed by the petitioners under Section 420, 467, 468 of the IPC. The complainant alleged that petitioners took money from the complainant on assurance to return the double amount after four months from the date of investment failing which they would give land situated in village Manoharpur to the complainant.

The learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.18837 of 2019(2) dt.28-03-2019 2/2 complainant wanted to purchase the land from the petitioners and that is why this false case has been lodged. The complainant has not filed any chit of paper showing receipt of money from the petitioners.

Taking into consideration the facts that save and except verbal allegation there is no document annexed with the complaint to show that complainant invested money in the company of petitioners, the petitioners, above named, in the event of their arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on their furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub divisional Judicial Magistrate, Udakishunganj, Madhepura in connection with Complaint case No. 320 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T