Malka Khatoon And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20111 of 2018 Arising Out of P.S.Case No. -244 Year- 2017 Thana -KHAZANIHAT District- PURNIA ======================================================

1. Malka Khatoon Wife of Ali Raza Ansari@ Ali Raz Ansari@ Ali Raja Ansari

2. Ali Raza Ansari @ Ali Raz Ansari@ Ali Raja Ansari Son of Late Indu Miya Both are Residents of Village- Madhopara, Ward No. 29 Nagar Nigam,Purnea , Police Station- K. Hat, District- Purnea. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioners : Mr. Viveka Nandsingh, Advocate For the Opposite Party : Mr. Madhuranand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 03-05-2018 Heard.

The petitioners apprehends arrest in connection with K.Hat (Sahayak) P.S.Case No.244 of 2017 registered for an offence under Sections 420 and 468 of the IPC. The case has been registered on the basis of written report by Municipal Commissioner, Municipal Corporation, Purnea. It is alleged that both the petitioners who are wife and husband submitted application for the benefit of social security pension scheme. The office of Municipal Corporation examined the Adhar Card and Voter Identity Card and found discrepancies in the year of date of birth in the aforesaid two documents of both the petitioners.

It is submitted in the said discrepancies has been detected at the time of enquiry and no benefit has been taken by the

Patna High Court Cr.Misc. No.20111 of 2018 (3) dt.03-05-2018 2/2 petitioners. Petitioners have no criminal antecedent. The learned APP opposed the submissions.

Considering the nature of dispute facts and circumstances, prayer for anticipatory bail is allowed. Let the above named petitioners in the event of their arrest or surrender before the court below within six weeks from today be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of CJM, Purnea in connection with K.Hat (Sahayak) P.S.Case No.244 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T