Tabassum Ara v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63414 of 2019 Arising Out of PS. Case No.-4 Year-2019 Thana- KURTHA District- Jehanabad ====================================================== TABASSUM ARA Wife of Aathif Hussain @ Munna Resident of Motipur, P.S.- Kurtha, District- Arwal.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Anita Kumari Singh For the State :
Mr. J.K.Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-10-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 406, 420 and 506 of the Indian Penal Code, registered in connection with Kurtha P.S.Case No. 04 of 2019.
3. It is submitted that the petitioner has been falsely implicated on the accusation of having received a sum of Rs. 4,75,000/- from the informant for sale of land bearing Khata No.67, Plot No.294 at Motipur market belonging to her husband Aathif Hussain @ Munna. It is submitted that the said coaccused Aathif Hussain @ Munna has been granted anticipatory bail by this Court in Cr. Misc. No. 64059 of 2019. In any event,
Patna High Court CR. MISC. No.63414 of 2019(2) dt.21-10-2019 2/3 the petitioner expresses her readiness to refund the entire amount of Rs.4,75,000/- to the informant within six weeks by way of a cheque.
4. Be that as it may, in the event of petitioner's arrest or surrender within six weeks hereof, let the above named petitioner be released on provisional bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal in connection with Kurtha P.S.Case No. 04 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. and also subject to the following further conditions:
(i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall be well represented in court on each and every date during trial, except as and when
Patna High Court CR. MISC. No.63414 of 2019(2) dt.21-10-2019 3/3 directed by the learned court below to be physically present and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned.
5. The provisional bail granted to the petitioner shall be confirmed by the learned court below, if the petitioner deposits the aforesaid amount of Rs. 4,75,000/- by way of cheque before the learned court below within a further period of six weeks after furnishing bail bond for being handed over to the informant. If the petitioner fails to deposit the aforesaid amount by way of cheque within the period stipulated, her bail bond shall stand automatically cancelled.
(Vikash Jain, J) HR/- U T