← Library
Patna High CourtCR. MISC./45895/2016bail granted

Md. Quarban And ANR v. The State Of Bihar

2016-11-18Justice Smt. Anjana Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45895 of 2016 Arising Out of PS.Case No. -182 Year- 2016 Thana -BARARI District- KATIHAR ======================================================

1. Md. Quarban son of late Kamruddin

2. Bibi Azmeri Khatoon @ Bibi Azmeri wife of Md. Qurban Both resident of Village- Jagdishpur, P.S. Barari, District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Sri Binod Kumar 2 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-11-2016 Heard learned counsel for the petitioners, Complainant and learned counsel appearing on behalf of the State.

The petitioners apprehend their arrest in connection with Barari P.S. Case No. 182 of 2016 for the offences registered under Sections 406, 420, 120B, 353, 354 and 504 of the Indian Penal Code. Learned counsel for the petitioners submits that a completely vague allegation has been made against the petitioners. The petitioner no. 2 is the wife of petitioner no. 1, who is an agent of the Company and had collected the money and

deposited it in the account of Micro Leasing and Funding Ltd., a Government Registered Company under the Companies Act having its office at Saheed Nagar, Bhagalpur.

Learned counsel for the complainant submits that the husband and the wife both in league with each other defrauded a total amount of Rs.65,400/- from the complainant, mother-in-law and sister-in-law.

However, after considering the entire facts and circumstances of the case, it is evident that the petitioners, after taking money from the complainant and others had deposited it in the account of the Company and the original Pass Book has been produced before this Court by the complainant himself.

In view of such facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released

on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M. Vth, Katihar in connection with Barari P.S. Case No. 182 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) Jagdish/- U T