Salique @ Md. Salik And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42490 of 2018 Arising Out of PS. Case No.-128 Year-2018 Thana- JOKIHAT District- Araria ======================================================

1. Salique @ Md. Salik S/o Md. Sabir

2. Afzal@ Afzal Hussain S/o Md. Hasimn, Both are Resident of Village - Machhaila, P.S. Mahalgaon, District- Araria. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Md. Naushad Uzzoha For the Opposite Party/s :

Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-07-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Jokihat (Mahalgaon) P.S. Case no. 128 of 2018, registered under Sections 406, 420 and 120(B) of the Indian Penal Code.

The accusation is that petitioner No.1 being the husband of Mukhiya of Chokta village and petitioner No.2 being the middle man took Rs. 13,000/- as expenses for providing benefit under Pradhanmantri Awash Yojana from Rubeda Khatoon, wife of Md. Afroj, resident of village Machhela, P.S. Mahalgaon, District-Araria.

Learned counsel for the petitioners submits that on

Patna High Court Cr.Misc. No.42490 of 2018(2) dt.19-07-2018 2/2 making written complaint by Rubeda Khatoon, DDC Araria sent the matter to the B.D.O. Jokihat to lodge the F.I.R. against the petitioners, but after inquiry by District Public Grievances Redressal Cell, Araria it has come that the same amount of Rs. 13000/- was taken by petitioner No.2 as a loan and the same was returned to her, which would appear from interim order dated 17.04.2018 passed by the District Public Grievances Redressal Cell, Araria, which is also part of the F.I.R. Further submission is that both the petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in connection with Jokihat (Mahalgaon) P.S. Case No. 128 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T