Mohammad Islam Mian @ Islam Ansari And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19239 of 2017 Arising Out of PS.Case No. -158 Year- 2016 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Mohammad Islam Mian @ Islam Ansari, son of Jumaddin Mian
2. Noor Jahan Khatoon, wife of Md. Islam Mian @ Islam Ansari Both are residents of village - Belwaniya, P.S. - Manuapool, District - West Champaran.
.... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Verma with Mr. Ashok Kumar Gupta, Advocates For the Informant : Mr. Ajit Kumar Sinha, Advocate For the Opposite Party/s : Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2017 Heard learned counsel for the petitioners.
The petitioners are apprehending their arrest in connection with Chanpatia P.S. Case No. 158 of 2016, arising out of Complaint Case No. 1415c of 2016, registered for the offences punishable under Sections 420, 406, 323, 504 and 379/34 of the Indian Penal Code.
Allegation is that petitioners have induced the informant by taking one lakh rupees from him on the pretext of engagement of one person in Government job and neither they had given job to the daughter-in-law of the informant nor returned the money to him.
Patna High Court Cr.Misc. No.19239 of 2017 (2) dt.09-05-2017 2/3 It has been submitted on behalf of the petitioners that earlier to the occurrence the complainant-informant had taken total amount of Rs.35,000/- from the petitioner as loan on the plea of treatment of his wife but he had not returned the same and for that he has filed the false and concocted case against the petitioners. It has also been submitted that complaint petition itself shows that complainant was shown as 35 years of age and he has no daughter-in-law, which falsifies the present case. Heard learned APP also.
Having heard both sides and in view of the facts and circumstances of the case, let the petitioners, named above, in the event of their arrest or surrender in the court within a period of two weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Chanpatia P.S.Case No. 158 of 2016, arising out of Complaint Case No. 1415c of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that petitioners shall co-operate in the investigation and make themselves available before the police as and when required and in
Patna High Court Cr.Misc. No.19239 of 2017 (2) dt.09-05-2017 3/3 the event of failure on their part to appear before the police on two consecutive dates, the prosecution shall be free to move for cancellation of their bail bonds and further petitioners will not induce any witness or tamper with the evidence. (Vinod Kumar Sinha, J) spal/- U