Md. Iliyas Ansari @ Iliyas Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47046 of 2023 Arising Out of PS. Case No.-1580 Year-2019 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== Md. Iliyas Ansari @ Iliyas Ansari Son Of Sultan Ansari Resident Of Village And P.O. - Karamnasa Khajura Bajar Kaimur (BHABHUA), Police Station - Durgawati, District - Kaimur (BHABHUA) ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Shamiun Khatoon @ Shamiun Nesha Wife Of Md. Niyamtulla Khan Resident Of Village And P.O. - Karari, Police Station - Durgawati, District - Kaimur (BHABHUA) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Complaint Case No. 1580/2019, Registration No. 2156/2022, registered for the offences punishable u/s 420 of the Indian Penal Code.

3. As per the prosecution case, the husband of the complainant had given Rs. 1,40,000/- as loan to the accusedpetitioner which was not returned despite several request. It is further alleged that the petitioner with dishonest intention had given a cheque of Rs. 1,40,000/- to the husband of the

Patna High Court CR. MISC. No.47046 of 2023(12) dt.07-03-2024 2/3 complainant. However, the cheque was dishonoured and returned back by the concerned bank.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has got no criminal antecedent as stated in para 3 of the bail petition. The petitioner has no concern with the seller of the land registered as per para 3 of the complaint except to mitigate between the party. No offence u/s 420 of the Indian Penal Code is made out against the petitioner as the petitioner had no intention to cheat right from the beginning.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Kaimur, Bhabhua in connection with Complaint Case No. 1580/2019, Registration No. 2156/2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further

Patna High Court CR. MISC. No.47046 of 2023(12) dt.07-03-2024 3/3 condition:

(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, his bail bonds are liable to be cancelled.

7. This application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T