Bibi Jamila Khatoon @ Jamila Khatoon And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21795 of 2017 Arising Out of PS.Case No. -65 Year- 2017 Thana -ARARIA District- ARRARIA ======================================================

1. Bibi Jamila Khatoon @ Jamila Khatoon , W/o Md. Rayis @ Raies

2. Rashid Anwar @ Rashid, S/o Md. Rayis Both resident of village Kakorwa, Ward No. 29, P.S. Araria, District Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 01-07-2017 Heard Sri Kashyap Kaushal, learned counsel for the petitioners and Sri Umeshanand Pandit, learned Additional Public Prosecutor.

Two petitioners, who are mother and son respectively have approached this court with a prayer to extend the privilege of bail in the event of their arrest or surrender in Araria P.S. Case No. 65 of 2017 registered for the offence under section 406, 420, 465, 467, 468, 201, 120(B) of the Indian Penal Code. It was submitted by learned counsel for the petitioners that initially the informant had filed a complaint case vide Complaint Case No. 2075 of 2016 , which was referred to police for its registration and investigation and thereafter, the present case vide Araria P.S. Case No. 65 of 2017 was registered . By

Patna High Court Cr.Misc. No.21795 of 2017 (2) dt.01-07-2017 2/3 way of referring to the complaint petition he submits that the informant himself has stated that he was an agent, whereas both the petitioners were also agent of the Company namely (Apna Pariwar Agro Company). He submits that it has been alleged by the informant that he alongwith others had also deposited money in the account of the petitioners' Company, but subsequently Company was closed and nothing was refunded to the informant and others. He submits that in the complaint petition the complainant has stated that both the petitioners were agent and on their persuasion informant has become an agent of the same Company and he has also collected money. According to learned counsel for the petitioners there was no material to directly implicate the petitioners, even the petitioners were deceived by the Company.

Considering the nature of accusation, in the event of arrest or surrender within a period of six weeks from today, let both the petitioner Bibi Jamila Khatoon @ Jamila Khatoon and Rashid Anwar @ Rashid be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria / concerned court in connection with Araria P.S. Case No. 65 of 2017 subject to the conditions as

Patna High Court Cr.Misc. No.21795 of 2017 (2) dt.01-07-2017 3/3 contemplated under section 438(2) of the Code of Criminal Procedure, 1973 .

(Rakesh Kumar, J) Praful/- U T