Sumbul Fatma And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61325 of 2017 Arising Out of PS. Case No.-1003 Year-2015 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ======================================================

1. Sumbul Fatma, W/o- Fasi Ahmad,

2. Syed Faizan Ahamad @ Faizi, S/o- Fasi Ahmad,

3. Syed Furguan @ Kaifi @ Furauan Ahmed @ Kaviz, S/o- Fasi Ahmed, All R/o- Shahjuma Mohalla- (Near Difza Manzil), P.S.- Sasaram, District- Rohtas.

... ... Petitioners

Versus

1. The State of Bihar.

2. Ajmat Ali, S/o- Late Najirul Haque , R/o- Ganj Mohalla- P.S.- Aurangabad, District- Aurangabad.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar, Adv.

For the Complainant : Mr. Amrendra Kumar Singh, Adv. For the State :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-12-2017 Heard learned counsels for the petitioners and State. The petitioners are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 420/34 of the IPC.

The prosecution case is that one Anjum Kadri, who happens to be the maternal uncle of petitioner nos. 2 and 3, took a shop on rent from the complainant when petitioner no.2, Syed Faizan Ahmad went to the shop of his maternal uncle, Anjum Kadari and anounced that he acts as an agent in providing jobs to unemployed youth in Gulf country and 300 workers are

Patna High Court Cr.Misc. No.61325 of 2017(2) dt.19-12-2017 2/3 required. The complainant and 15 others deposited Rs. 15,000/- each, in advance, and subsequently, they had to deposit Rs.35,000/- which was demanded as processing charge at the Embassy. Ultimately, neither the money was returned nor the job was provided to the complainant and 15 others. It is submitted by learned counsel for the petitioners that there is no proof with regard to such payment, or such collection. Anjum Kadari is the brother of petitioner no.1, who is lady, with whom civil dispute is going on. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

It is submitted by learned counsel for the complainant that the complainant and fifteen others have been cheated at the hands of the petitioners.

Considering the fact that there is no proof with regard to payment and that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Aurangabad in

Patna High Court Cr.Misc. No.61325 of 2017(2) dt.19-12-2017 3/3 connection with Complaint Cae No. 1003 of 2015, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T