Patna High CourtCR. MISC./23523/2013bail granted

Bibi Robidan Khatoon @ Bibi Robidan And ANR v. The State Of Bihar

2015-04-01The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23523 of 2013 Arising Out of PS.Case No. -370 Year- 2012 Thana -MOTIHARI CITY DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bibi Robidan Khatoon @ Bibi Robidan W/o Samsuddin Khan Resident of Village- Sariatpur, P.S.- Pipra, District- East Champaran

2. Abdul Mazid Son of Shivratan Rai Resident of Village- Sariatpur, P.S.- Pipra, District- East Champaran .... .... Petitioners

Versus

1. The State Of Bihar

2. Jagdish Prasad, S/o- Thakurbari, P.S. Motihari Town, District- East Champaran.

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

For the Petitioners : Mr. Umesh Chandra Verma, Adv. For the Opposite Parties : Mr. J.N.Thakur (App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 01-04-2015 The petitioners figured as accused in Motihari Town P.S. Case No.370 of 2012, wherein allegations, which are mainly referable to crimes of cheating, are alleged.

Apprehending arrest, the petitioners filed A.B.P. No.273 of 2013 in the court of learned Sessions Judge, East Champaran at Motihari which was rejected through order dated 29.4.2013. Hence, this application for grant of anticipatory bail under Section-438 of Cr.P.C.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

While ordering notice to the Opposite Party

Patna High Court Cr.Misc. No.23523 of 2013 (3) dt.01-04-2015 2/2 No.2, on 3.9.2013, this Court directed that no coercive steps shall be taken against the petitioners. The same situation obtains even as of now. It is felt that the arrest of the petitioners in case of this nature is not warranted. The application is allowed.

In the event of arrest, the petitioners are directed to be released on bail upon furnishing the bailbond of Rs.10,000/- (ten thousand) each, along with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari in connection with Motihari Town P.S. Case No.370 of 2012, subject to the conditions laid down under Section438(2) of Cr.P.C. (L. Narasimha Reddy,CJ) K.C.jha/- U T