Nuraisha Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27691 of 2019 Arising Out of PS. Case No.-1133 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.
Nuraisha Khatoon W/o Sabir Ansari R/o village- Dumriyaghat, P.S.- Dumariyagaht, District- East Champaran 2.
Aziz Ansari S/o Hadish Anshari R/o village- Dumriyaghat, P.S.- Dumariyagaht, District- East Champaran 3.
Sultana Khatoon W/o Abdul Ansari R/o village- Dumriyaghat, P.S.- Dumariyagaht, District- East Champaran ... ... Petitioner/s
Versus
1.
The State Of Bihar.
2.
Munni Kunwar W/o Late Vishwanath Ram R/o village- Dumaria, P.S.- Dumariyagaht, District- East Champaran.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhurendra Kumar For the Opposite Party/s :
Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-04-2019 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in connection with Complaint Case No. C-1133 of 2017 registered for the offence punishable under Sections 406, 409, 419, 420, 467, 468, 471/34 of the Indian Penal Code.
Petitioners, who happen to be office bearer of Krishak Vikas Samiti are said to have taken loan of Rs. 2.50 lacs making complainant and witnesses named in the complaint
Patna High Court CR. MISC. No.27691 of 2019(2) dt.30-04-2019 2/3 petition as member of the said Samiti without their knowledge and consent and did not pay back aforesaid loan, resultantly, the Bank issued dues notice to the complainant to the tune of Rs. 73,600/-.
It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. As a matter of fact, twelve persons including the petitioners, complainant and witnesses were members of the aforesaid Samiti and they have jointly taken the loan from the Bank, and now has paid the entire loan amount to the Bank and the Bank has issued NOC in this regard as evident from the cognizance order dated 03.12.2018 of the learned court below. Petitioners have no criminal antecedent.
On the other hand, learned APP opposed the bail prayer of the petitioners.
In the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 2nd Class, Sadar,
Patna High Court CR. MISC. No.27691 of 2019(2) dt.30-04-2019 3/3 East Champaran at Motihari in connection with Complaint Case No. C-1133 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Prakash Chandra Jaiswal, J) rohit/- U T