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Patna High CourtCR. MISC./65445/2019bail granted

Bibi Rizwan Khatoon @ Bibi Rizwana Khatoon v. The State Of Bihar

2019-11-07Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65445 of 2019 Arising Out of PS. Case No.-78 Year-2017 Thana- BAUNSI District- Banka ====================================================== BIBI RIZWAN KHATOON @ BIBI RIZWANA KHATOON Wife of Md. Zafar Alam Resident of Village-Bhurkuriya, P.S.-Bounshi, District-Bana. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Nurul Hoda For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-11-2019 The petitioner apprehends his arrest in connection with Bounsi P. S. Case No. 78 of 2017 registered under Sections 120B, 409, 420 and 468 of the Indian Penal Code and under Section 136(i) of the Representation of Peoples Act. The prosecution story as per letter no. 546 dated 03.05.2017 is that the District Magistrate, Banka had directed for lodging an FIR against M/s Creative, Banka for the reasons that it added the name of two persons in the voter list of the Panchayat Election wrongly and petitioner is one of the persons, whose name has allegedly been added in the voter list of the Panchayat Election by M/s Creative, Banka.

Learned counsel appearing on behalf of the petitioner submits that petitioner has unnecessarily been dragged in this case with an oblique motive. He further submits that petitioner

Patna High Court CR. MISC. No.65445 of 2019(2) dt.07-11-2019 2/3 had no knowledge about her name having been added in the voter list inasmuch as petitioner had not submitted any requisite form for adding her name in the concerned voter list. He further submits that petitioner is the resident of Gokula Gram Panchayat and has not having her name added in any other voter list from before. Learned counsel further submits that the proprietor of M/s creative namely Anjay Kumar has been granted anticipatory bail by this Court in Cr.Misc. No. 32952 of 2017.

Having regard to the submissions made by the parties and taking into consideration the fact that petitioner is bona fide resident of the place and the proprietor of M/s creative namely Anjay Kumar has been granted anticipatory bail by a coordinate Bench of this Court, I am inclined to grant anticipatory bail to the petitioner.

Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Banka in connection with Bounsi P.S.Case No. 78 of 2017; subject to condition as laid down under Section 438(2) of the

Patna High Court CR. MISC. No.65445 of 2019(2) dt.07-11-2019 3/3 Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U