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Patna High CourtCR. MISC./16668/2017bail granted

Khurshid Alam And Otrs v. State Of Bihar And ANR

2017-04-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16668 of 2017 Arising Out of PS.Case No. -111 Year- 2016 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Khurshid Alam S/o- Late Abdul Gaffur

2. Raziya Begum, W/o- Khurshid Alam

3. Shams Tabrez Alam @ Md. Shams Tabrez Alam

4. Juhi Bana @ Bilkish Bano

5. Raonaquq Bana @ Raunak Bano Petitioner No. 3 to 5 are Sons of Khurshid Alam, All are Resident of Village- At present- Dahiyaon, P.S.- Chhapra Town, District- Saran. Permanent Address- R/o Mohalla- Arya Nagar, P.S.- Gopalganj, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Md. Ajijur Rahman, S/o- Khurshid Alam, Resident of Village- Madhopur, P.S.- Chiraiya, District- East Champaran.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Pandey For the Opposite Party/s : Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-04-2017 The petitioners are apprehending their arrest in connection with Chiraiya P.S. Case No. 111 of 2016, registered for offences punishable under Sections 380, 494, 497, 467, 468, 420, 419 and 120B/34 of the Indian Penal Code. The allegation against these petitioners is that they have committed fraud upon informant and got him married with petitioner no.4.

It has been submitted on behalf of the petitioner no.4 that she has lodged a case under section 498A against the informant on 11.1.2016 and after an order from the Hon'ble Court of giving maintenance to the petitioner no.4, the present case has been filed which is palpably false and concocted.

Patna High Court Cr.Misc. No.16668 of 2017 (2) dt.11-04-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of above facts and circumstances, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran, in connection with Chiraiya P.S. Case No. 111 of 2016, subject to the conditions 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 shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds. Ravi/- (Vinod Kumar Sinha, J) U T