Foquiya Tahseen v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15266 of 2018 Arising Out of PS.Case No. -69 Year- 2016 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Foquiya Tahseen, W/o Shakil Ahmad, R/o Village- Rahimabad, P.O.- Tajpur, P.S.- Bangra, District- Samstipur at present Madarsa Darul Takshil, Kurban Road, Chandwara, P.S.- Mithanpura, DistrictMuzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar @ Sonu Babu, Advocate For the Opposite Party/s : Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 20-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends her arrest in Chhautauni P.S. Case No.69 of 2016 instituted for the offence under Section(s) 406, 420 Indian Penal Code.

Counsel for the petitioner has submitted that cheque, in question, has been issued by the husband of this petitioner, namely, Md. Shakil Ahmad. Xerox copy of the aforesaid cheque has been annexed as Annexure-2. This petitioner has been made accused only because she is wife of Md. Shakil Ahmad. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within

Patna High Court Cr.Misc. No.15266 of 2018 (2) dt.20-03-2018 2/2 six weeks from today in connection with Chhautauni P.S. Case No.69 of 2016, she shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and her absence on two consecutive dates without proper and reasonable reason will be liable to cancel her bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- U T