Jaitun Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.457 of 2022 Arising Out of PS. Case No.-276 Year-2017 Thana- RIGA District- Sitamarhi ====================================================== 1.

JAITUN KHATOON W/o Chulhai Shekh Resident of Village- Posua Pataniya, P.S.- Riga, Dist- Sitamarhi.

2.

Najara Khatoon W/o Oli Rahman Resident of Village- Posua Pataniya, P.S.- Riga, Dist- Sitamarhi.

3.

Nijam Shekh S/o Ashin Shekh Resident of Village- Posua Pataniya, P.S.- Riga, Dist- Sitamarhi.

4.

Firdaush Kausar S/o Abdul Matin Resident of Village- Posua Pataniya, P.S.- Riga, Dist- Sitamarhi.

5.

Ataur Rahman S/o Md. Yasin Resident of Village- Posua Pataniya, P.S.- Riga, Dist- Sitamarhi.

6.

Rahana Khatoon W/o Chand Mohammad Resident of Village- Posua Pataniya, P.S.- Riga, Dist- Sitamarhi.

7.

Mahanthi Rai S/o Laldhari Rai Resident of Village- Posua Pataniya, P.S.- Riga, Dist- Sitamarhi.

8.

Panchha Devi W/o Laxman Rai Resident of Village- Posua Pataniya, P.S.- Riga, Dist- Sitamarhi.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar,Advocate For the Opposite Party/s :

Mr.Jagdhar Prasad,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Riga P.S. Case no. 276 of 2017 instituted for the offence under Sections 420, 406, 120(B) of the Indian Penal Code.

Patna High Court CR. MISC. No.457 of 2022(3) dt.25-07-2022 2/3 As per allegation in the FIR, altogether 43 persons including the petitioners had tried to enrolled their names in the list passed by the Panchayat Samiti for getting flood relief from government fund fraudulently.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. Petitioners have no role in the preparation of the list for getting flood relief and it is unbelievable that the member of the Panchayat Samiti had not been made accused. Due to mere suspicion, petitioners have been made accused in the present case. They have got no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Riga P.S. Case no. 276 of 2017 they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the

Patna High Court CR. MISC. No.457 of 2022(3) dt.25-07-2022 3/3 like amount each to the satisfaction of learned J.M. 1st Class Sitamarhi subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U