Mumtaz Alam @ Md. Mumtaz And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.4666 of 2017 (2) dt.21-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4666 of 2017 Arising Out of PS.Case No. -295 Year- 2016 Thana -PURNEA SADAR District- PURNIA ======================================================

1. Mumtaz Alam @ Md. Mumtaz, Son of Ghulam Mustafa.

2. Bibi Nuzhat Bano @ Shabana @ Nuzhat Banu, wife of Mumtaz Alam, Both Resident of Village- Pokharia, P.S. Sadar Moffassil, District- Purnea. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Nadimul Hasan For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-02-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners apprehend their arrest in connection with Sadar (Mofassil) P.S. Case No. 295 of 2016 registered for the offences punishable under Sections 420, 468, 471, 494 of the Indian Penal Code.

Allegedly, the informant was married to petitioner no. 1 on 29.03.2003 and after some year altercation started between them and for that Sessions Trial No. 596 of 2010 is going on and further without paying the amount of Den Mehar and Iddat petitioner no. 1 performed marriage with petitioner no. 2 and further on the basis of voter card of the informant petitioner no. 2 fought election of ward member and also withdrew the amount of Indira Aawas.

Submission is of false implication and that the petitioners have been made accused unnecessarily, the name of the petitioner no. 2

Patna High Court Cr.Misc. No.4666 of 2017 (2) dt.21-02-2017 is also in the voter card and alias name of petitioner no. 2 is also Bibi Shabana Khatoon and voter list is in the name of Sabhana Khatoon, Panchayat Secretary has inquired the matter and has found the allegation false and as such the petitioners deserve sympathetic consideration.

Learned APP duly assisted by learned counsel for the informant opposes the prayer of pre-arrest bail. In the facts and circumstances stated above, the petitioners above named, in case of their surrender or arrest within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Sadar (Mofassil) P.S. Case No. 295 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T