Rehana Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29942 of 2023 Arising Out of PS. Case No.-298 Year-2022 Thana- PARIHAR District- Sitamarhi ====================================================== 1.
Rehana Khatoon Wife Of Samsul Hoda Resident Of Village- Jhapha PsParihar Distt- Sitamarhi 2.
Master Shamin @ Md. Shamim Ahmad Son Of Samsul Hoda Resident Of Village- Jhapha Ps- Parihar Distt- Sitamarhi 3.
Saddam Hussain @ Md. Saddam Hussain Son Of Samsul Hoda Resident Of Village- Jhapha Ps- Parihar Distt- Sitamarhi 4.
Aftab Alam Son Of Samsul Hoda Resident Of Village- Jhapha Ps- Parihar Distt- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Kumar, Adv.
For the State :
Mr.Uday Chand Prasad, APP For the Informant Mr. Ram Niwas Ray, Adv.
For the UOI Mr. Anshuman, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2023 Heard learned counsel for the parties.
2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 406, 420, 504, 506, 409, 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioners along with other accused is said to have committed forgery of Rs. 7,00,000/- with the informant by abusing their post.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific overt act against
Patna High Court CR. MISC. No.29942 of 2023(8) dt.17-10-2023 2/3 the petitioners. He submits that there is specific allegation against co-accused namely Shamshul Hoda who filled up the form and the informant had handed over the documents and money to him. He submits that the petitioners are neither concern with the alleged post office nor they are concern with the deposit the amount but only being the family member of coaccused Samsul Hoda, their name has been involved in the present case. He submits that the similarly situated co-accused has already been granted bail by this Court vide order dated 10.04.2023 passed in Cr. Misc. No. 5320 of 2023. He further submits that petitioners have criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts and circumstances of the case and the fact that there is no specific overt act against them, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court
Patna High Court CR. MISC. No.29942 of 2023(8) dt.17-10-2023 3/3 in connection with Parihar P.S. Case No. 298 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T