Mrs. Nasima v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.535 of 2018 Arising Out of PS.Case No. -214 Year- 2016 Thana -BAUSI District- PURNIA ====================================================== Mrs. Nasima wife of Md. Rashid, resident of village- 344 House No.-Towli, Police State-Sahpur, District- Muzaffar Nagar (Uttar Pradesh) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vikram Singh, Advocate For the State : Mr. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Baisi P.S. Case No.214 of 2016 registered under Sections 467, 468, 471 and 420 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that the petitioner is a Parda Nasheen lady. Though the vehicle is registered in her name, she is not concerned with plying of the vehicle and the entire business is being looked after by her husband. He submitted that for plying the vehicle without permit at best an offence under Sections 177 and 178 of the Motor Vehicles Act would be attracted, but there would be no application of offences under Sections 467, 468, 471 and 420 of the Indian Penal Code. He submitted that the petitioner has got roots in the

Patna High Court Cr.Misc. No.535 of 2018 (2) dt.11-01-2018 2/2 society and she has never ever been made accused in any criminal case.

On the other hand, learned counsel for the State submitted that when verification was made the driver of the vehicle had produced the permit over which some wrong entries were made and that would certainly make out the offences punishable under Sections 467, 468, 471 and 420 of the Indian Penal Code.

Having regard to the facts and circumstances of the case and the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Baisi P.S. Case No.214 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T