Patna High CourtCR. MISC./1428/2017bail granted

Raju Ahmad And ANR v. State Of Bihar And ANR

2017-01-17Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1428 of 2017 Arising Out of PS.Case No. -2205 Year- 2007 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ======================================================

1. Raju Ahmad

2. Taufique Ahmad Both sons of Mokhtar Ahmad, R/o Village- Lawa, P.S.- Naunhara, District- Gazipur (U.P.) .... .... Petitioners

Versus

1. State of Bihar

2. Ajay Kumar Singh, S/o Sri Ramshrey Singh, R/o Village- Gabhirar, P.S.- Raghunathpur, District- Siwan .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Gajendra Kumar Singh, Advocate Mr. Sanjay Kumar, Advocate For the Opposite Parties : Mr. Sanjay Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-01-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Complaint Case No. 2205 of 2007, Tr. No. 268 of 2016 instituted for the offence under Sections 420, 406, 465 of Indian Penal Code. It is alleged in the complaint petition that complainant gave total Rs.2,00,000/- to Sajid Ahmad and Dil Mohammad for obtaining VISA of Maleysia but they did not arrange the same VISA and provided him with the tourist VISA which the complainant did not accept.

It is alleged that petitioners are family members of Sajid Ahmad and Dil Mohammad and told the complainant that

Patna High Court Cr.Misc. No.1428 of 2017 (2) dt.17-01-2017 2/2 they will inquire from them why they had done this. In this manner, from the complaint petition itself it appears that there is no allegation of any overt act against these petitioners. There is specific allegation made by complainant for dealing with VISA against Sajid Ahmad and Dil Mohammad. In the circumstances, prayer of the petitioners for anticipatory bail is allowed.

In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Complaint Case No. 2205 of 2007, Tr. No. 268 of 2016, they shall 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 learned Additional Chief Judicial Magistrate, Siwan, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Sanjay Priya, J.) ravi/- U T