Sarfoddin Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63224 of 2023 Arising Out of PS. Case No.-2679 Year-2019 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== 1.

Sarfoddin Shah Son Of Raja Sai Village- Sipaya Khas Ps- Majhagarh DistGopalganj 2.

Jainnuddin Shah Raja Sai Village Sipaya Khas, Ps Majhagarh, District Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Baban Ram Son of Asarfi Sah Village- Surwalia Ps- Majhagarh DistGopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sachina For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-12-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. From perusal of the office notes, it appears that the notice issued to the opposite party no. 2 has been validly served upon him but nobody appears on his behalf.

3. The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 420 of the Indian Penal Code.

4. As per complaint, it appears that the petitioners allegedly grabbed Rs. 95,000/- of the complainant in the name of sending his son to abroad for suitable job but they sent complainant's son on tourist visa.

Patna High Court CR. MISC. No.63224 of 2023(3) dt.19-12-2023 2/2

5. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the complainant's son went Dubai where he worked 3 months so the prosecution story is baseless and no case of either section is made out against them. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

6. Learned APP for the State opposes the prayer for bail.

7. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 2679 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T