Bebi Nisha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31691 of 2023 Arising Out of PS. Case No.-182 Year-2022 Thana- NATWAR District- Rohtas ====================================================== 1.
BEBI NISHA WIFE OF LATE ANWAR HUSSAIN RESIDENT OF VILLAGE- NATWAR, PS- NATWAR, DISTT- ROHTAS 2.
SAIF ALI SON OF LATE ANWAR HUSSAIN RESIDENT OF VILLAGENATWAR, PS- NATWAR, DISTT- ROHTAS ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Om Prakash Upadhyay, Advocate For the Informant :
Mr. Akash Chaturvedi, Advocate For the Opposite Party/s :
Mr. Rajesh Kumar, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-07-2023 Heard learned counsel for the petitioners and the State.
Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 323, 420, 406, 504 of the Indian Penal Code.
It is alleged that the husband of the informant took advance rupees of fifty thousand from the complainant to set up vegetable shop. The agreement was made with the husband of the petitioner no. 1, in which the room rent was fixed at the rate of two thousand per month. Advance money of rupees fifty thousand was given to the husband of the petitioner no. 1. But till date the room has not been allotted to them.
Patna High Court CR. MISC. No.31691 of 2023(2) dt.14-07-2023 2/2 It is submitted on behalf of the petitioners that the entire agreement was made with the husband of the petitioner no. 1. Husband of the petitioner no. 1 has already died in the year 2020. Petitioners have not taken any advance money from the informant. These petitioners have been made accused in this case only because they happen to be wife and son of Late Anwar Hussain. They are completely unaware and ignorant about the present case.
Learned counsel for the State and the informant vehemently opposed the prayer for anticipatory bail. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Bikramganj, Rohtas in connection with Natwar P.S. Case No. 182 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Alok Verma/- U T