Nur Jahan Khatoon @ Nurjahan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26508 of 2020 Arising Out of PS. Case No.-72 Year-2017 Thana- TEKARI District- Gaya ====================================================== NUR JAHAN KHATOON @ NURJAHAN, Female, aged about 70 years, W/o Mu. Kudus, Resident of Village-Belhariya, P.S.-Tekari, District-Gaya. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Praveen Kumar, Advocate.
For the Opposite Party :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-01-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is apprehending her arrest in a case for the offence registered under Sections 467, 468, 419 and 420 of the I.P.C.
The prosecution story, in brief, is that the petitioner has already 'Pucca' house but she has fraudulently obtained government money of Rs. 37,500/- under 'Indira Awas Yojna' of as Ist installment. Notice has been issued by the B.D.O. on 13.02.2017 to 15.02.2017 for depositing defalcated amount of government through Nazir but money has not been deposited. It has been submitted by learned counsel for the
Patna High Court CR. MISC. No.26508 of 2020(4) dt.20-01-2021 2/2 petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. In course of investigation it has come in paragraph no. 35 of the case diary that the petitioner is a poor labourer. She does not have any 'Pucca' house and she is eligible for being benefitted under the 'Indira Awas Yojna'.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances of the case, the petitioner above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, Gaya, in connection with Tekari P.S. Case No. 72/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T