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Patna High CourtCR. MISC./63543/2019bail granted

Dolly v. The State Of Bihar

2019-10-18Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63543 of 2019 Arising Out of PS. Case No.-173 Year-2019 Thana- TATARPUR District- Bhagalpur ====================================================== 1.

Dolly Wife of Md. Gaji Resident of Asandandpur, P.S.- Tatarpur, DistrictBhagalpur 2.

Md. Shahabuddin Son of Late Bakar Ali Resident of Asandandpur, P.S.- Tatarpur, District- Bhagalpur 3.

Md. Dulare @ Md. Shamsher Son of Md. Shahabuddin Resident of Asandandpur, P.S.- Tatarpur, District- Bhagalpur 4.

Md. Karu Son of Md. Sahabuddin Resident of Asandandpur, P.S.- Tatarpur, District- Bhagalpur 5.

Bibi Raunak Wife of Md. Karu Resident of Asandandpur, P.S.- Tatarpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Najmul Hodda For the Opposite Party/s :

Mr. Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-10-2019 The petitioners seek bail in anticipation of their arrest in connection with Tatarpur P.S. Case No. 173 of 2019 dated 13.07.2019 instituted for the offences under Sections 341, 323, 504, 506, 379, 34 of the Indian Penal Code.

The accusation in the F.I.R is of taking away consumer articles from the shop of the informant and not paying for the same. When money was demanded,

Patna High Court CR. MISC. No.63543 of 2019(2) dt.18-10-2019 2/3 the petitioners indulged in fisticuffs.

Learned counsel for the petitioners submits that allegations against the petitioners are general and omnibus in nature and there is a definite purpose behind falsely implicating the petitioners. The father of the informant had taken money from petitioner No. 1 for being deposited in some interest bearing scheme in a private banking company and when it was found that the money was being swindled by the father of the informant, efforts were made by them to have the money recovered from the father of the informant. This has led to dispute between the parties and hence the F.I.R.

Considering the substance of allegation against the petitioners and taking into account the fact that they do not have criminal antecedents, they, in the event of their arrest or surrender before the Court below within a period of four weeks from today, are directed to be released on bail on their furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.63543 of 2019(2) dt.18-10-2019 3/3 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 7th, Bhagalpur in connection with Tatarpur P.S. Case No. 173 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Shageer/- U T