Firdaus @ Afrozi @ Firdaus Fatima v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58256 of 2022 Arising Out of PS. Case No.-167 Year-2022 Thana- BIRAUL District- Darbhanga ====================================================== Firdaus @ Afrozi @ Firdaus Fatima W/o Aslam Azad R/V- Udaypur, P.S.- Rosera, Distt- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhimanyu Sharma, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 413, 414 and 212 of the Indian Penal Code.

According to prosecution case, a raid was conducted at the house of the accused Shahnawaz Alam. At that time, the informant noticed that the petitioner is trying to flee away but she was apprehended and Rs. 1,00,000/- was recovered from her who told the team that the said money has been given to her by her son who looted the said money from Punjab National Bank, Biraul.

Learned counsel for the petitioner submits that petitioner has clean antecedent and she has falsely been

Patna High Court CR. MISC. No.58256 of 2022(2) dt.10-02-2023 2/3 implicated in the present case. He further submits that it appears from the F.I.R. as well as the seizure list that Rs. 1,00,000/- has been recovered from the possession of the petitioner. He further submits that the recovered amount belongs to the petitioner and the amount was kept in the house for the purpose of marriage of the daughter of the petitioner. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 17.05.2022. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Biraul P.S. Case No. 167 of 2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.58256 of 2022(2) dt.10-02-2023 3/3

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T