Sobrati Mian And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48318 of 2015 Arising Out of PS.Case No. -58 Year- 2015 Thana -PALANWA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== 1.Sobrati Mian Son of Late Immamuddin Mian

2. Rahmat Ali @ Md. Rahmat Ali Son of Sobrati Mian Both are residents of Village - Bhatwalia, P.S. Majhaulia, District - West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Akhileshwar Kumar Shrivastva For the Opposite Party/s : Mr. Anil Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-02-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 406, 420, 467, 468, 471, 506 and 34 of the Indian Penal Code.

The allegation against the petitioners is that the petitioners had taken an amount of Rs.1,07,000/- from the informant for Visa and other formalities to send him to Malesia for the purpose of employment, for which an agreement was also signed. The petitioners provided him tourist visa for ten days. Thereafter the informant went to Malesia. While the informant arrived at Airport Malesia, he was arrested by Immigration Department along with other four persons, who were also sent with the informant and

after that he was brought by the agent to India. The informant, thereafter, repeatedly demanded for returning the aforesaid money but the same was not returned to him, hence the present case has been instituted.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. The petitioners have falsely been implicated in the present case, which is evident from the perusal of Annexure-2 to the petition. It is further submitted that the petitioners are ready to deposit an amount of Rs.40,000/- in the court below which shall be subject to the final disposal of the case.

On behalf of the State, it is submitted that the petitioners are named in the first information report.

Considering the aforesaid facts and circumstances, it is directed that the petitioners shall deposit an amount of Rs.40,000/- in the court below, which shall be subject to the final disposal of the case.

Let the above named petitioners, in the event of arrest or surrender in the court below within a period of eight weeks, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of S.D.J.M., Raxaul, East Champaran in connection with Palanwa

P.S. Case No. 58 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Sudhir Singh, J) V.P.Sinha/- U