Quamrul Reza And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.71889 of 2018 Arising Out of Complaint Case No.-166 Year-2018 Thana- Complaint Case District- Araria ======================================================
1. Quamrul Reza, son of late Mahiuddin,
2. Bibi Noushin, wife of Quamrul Reza, Both resident of village- Chilhaniyan, P.S.- Mahalgaon, at Prasant Moulvi tola, Araria Ward No:- 25, District- Araria ... ... Petitioners
Versus
1. The State of Bihar
2. Md. Afsaar Ahmad, son of late Md. Nayeem Uddin, aged about 48 years, resident of village- Azadnagar, Ward No. 19, P.S. and District- Araria ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Adv.
Mrs. Babita Kumari, Adv.
For the Opposite Party/s :
Mr. None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-12-2018 Heard Sri Ajay Kumar Thakur, learned counsel, assisted by Smt. Babita Kumari, learned counsel for the petitioners. None appeared on behalf of the State. Two petitioners, apprehending their arrest in Araria Complaint Case No. 166c of 2018 registered for offence under Sections 406, 420, 120B of the Indian Penal Code, have prayed for grant of bail, in the event of their arrest or surrender. Learned counsel for the petitioners, by way of referring to the fact disclosed in the complaint petition, submits that it is not a case of cheating, rather petitioners had accepted money for getting admission of daughter of the complainant in the Medical College, Biratnagar and, thereafter, she (daughter of
Patna High Court Cr.Misc. No.71889 of 2018(2) dt.04-12-2018 2/2 the complainant) was admitted, but subsequently a dispute was raised, as if, entire amount was not deposited in the college by the complainant.
Be that as it may, considering the nature of accusation and the purpose for which the complainant had offered money for getting admission of her daughter, I am of the opinion that it is not a case for dismissal of anticipatory bail. Accordingly, in the event of their arrest or surrender within a period of six weeks from today, let both the petitioners, namely, (i)Quamrul Reza and (ii)Bibi Noushin be enlarged on 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 Chief Judicial Magistrate, Araria/ concerned court in connection with Araria Complaint Case No. 166c of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Rakesh Kumar, J.) nawalkrs/- U T