Nahid Asad And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53788 of 2017 Arising Out of PS.Case No. -920 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Nahid Asad, wife of Md. Asad Rahman.

2. Md. Asad Rahman, son of Abdul Rahman, both resident of Flat No. 02, Rahman Jaitpur Apartment, Bank Road, P.S.- Gandhi Maidan, Town and District-Patna.

.... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Awadhesh Kumar Mishra For the Opposite Party/s : Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-11-2017 Heard learned counsel for the petitioners and the counsel appearing on behalf of the complainant. Petitioners are apprehending arrest in connection with Complaint Case No. 920(C) of 2016 for an offence under sections 323, 379 and 406 of the Indian Penal Code. Counsel for the petitioners submits that the suit between the parties is pending with regard to certain business transaction and the present case is a device to pressurize the petitioners in connection with the outstanding of the business transaction between the parties.

Counsel for the complainant submits that petitioners are liable to refund/repayment of amount but they are not making

Patna High Court Cr.Misc. No.53788 of 2017 (2) dt.15-11-2017 2/2 payment and as such the complainant was left with no option but to file the present complaint.

Considering the totality of facts situation, the court is inclined to enlarge the petitioners, named above, on bail in the event of arrest or surrender before the 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 Smt. Tanveer Kaur, Judicial Magistrate 1st Class, Patna, in connection with Complaint Case No. 920(C) of 2016, subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) Ravi/- U T