Zulekha Khatoon @ Julekha Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67889 of 2019 In CRIMINAL MISCELLANEOUS No.50938 of 2018 Arising Out of PS. Case No.-55 Year-2018 Thana- DEO District- Aurangabad ====================================================== 1.

ZULEKHA KHATOON @ JULEKHA KHATOON Wife of Nayeem Ansari Resident of Village - Adri, P.S.- Deo, District- Aurangabad 2.

Nayeem Ansari Son of Saraj Ahmad Ansari Resident of Village - Adri, P.S.- Deo, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rama Kant Sharma, Sr. Advocate with Mr.Lakshmi Kant Sharma, Advocte For the Opposite Party/s :

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-10-2019 This application has been filed for modification of the order dated 4.9.2018 passed in Cr.Misc.No. 50938 of 2018 by the petitioners in which the following direction has been made : "Having heard both sides and in the facts and circumstances, let the petitioners, named above, surrender within a period of four weeks and on their so surrendering they shall be released on provisional bail by the court below itself till submission of charge sheet and in the meantime petitioners have to appear before the Investigating Officer and produce all the papers, who will examine the same. However, in spite of that if charge sheet has been submitted against the petitioners and the

Patna High Court CR. MISC. No.67889 of 2019(2) dt.23-10-2019 2/2 case is found true, then petitioners have to surrender and pray for regular bail. It is made clear that petitioners are ready to return the amount due with them."

Submission of learned counsel for the petitioners is that after investigation it has been found that petitioners completed all the works and also deposited rest of the amount but in spite of that charge sheet has been submitted against them.

Having heard both sides and in view of above facts and circumstances, though I am not inclined to interfere with the above order but it is, however, observed that if petitioners surrender and pray for regular bail, learned court below shall consider the above aspects of the matter while disposing of the bail application of the petitioners and, if possible, to be disposed of on the same day.

This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) spal/- U T