Raushan Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73030 of 2023 Arising Out of PS. Case No.-251 Year-2023 Thana- RAMGARHWA District- East Champaran ====================================================== 1.

RAUSHAN KHATOON, W/o Jafar Imam @ Z. Ahmad R/o vill - Bela, P.s. - Ramgarhwa, Distt. - East Champaran 2.

Jafar Imam @ Z. Ahmad, Son of Ahamad Miyan R/o vill - Bela, P.s. - Ramgarhwa, Distt. - East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Ram Adya Singh, Advocate For the State :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-11-2023 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 409, 420, 120B, 323, 341, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, on the pressure and instructions of these two petitioners, informant paid an amount of Rs. 11,50,000/- (Eleven lakhs fifty thousand rupees) in the account of co-accused Madhu Paswan who misappropriated and embezzled the money of the informant.

4. It is submitted by learned counsel for the petitioners that allegation of misappropriation and embezzlement of the amount is against other co-accused person. These petitioners

Patna High Court CR. MISC. No.73030 of 2023(2) dt.09-11-2023 2/2 have been made accused in this case only because at the relevant time, Petitioner No. 1 was the then elected Mukhiya and Petitioner No. 2 is her husband. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, the prayer for anticipatory bail of the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Raxaul at Motihari (East Champaran), in connection with Ramgarhwa P.S. Case No.251 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T