Md. Noushad And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64911 of 2018 Arising Out of PS. Case No.-619 Year-2014 Thana- PURNIA COMPLAINT CASE DistrictPurnia ======================================================

1. Md. Noushad S/o Late Md. Murtaza

2. Faiyaz Alam S/o Late Farid, Both Resident of Village- Hakka, P.S. Amour

3. Bibi Sanjida Khatoon @ Sanjo @ Bibi Sanjida, W/o- Md. Nazam @ Nazam

4. Md. Nazam @ Nazam, S/o- Late Hamid Both Resident of Village- Diyaria, P.S.- Kasba, All belongs, District- Purnea. ... ... Petitioners

Versus

1. The State Of Bihar.

2. Bibi Jannati Praveen, D/o- Md. Mubarak, W/o- Md. Juber Alam, Resident of Village- Hakka, P.S. Amour, District- Purnea. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr. Pramod Kumar Mallick, Advocate For the State :

APP For Opposite Party No. 2:

None ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 420 and 423 of the Indian Penal Code registered in connection with Complaint Case No. 619 of 2014.

3. It is submitted that the petitioners have been falsely implicated and there is no material to corroborate the complainant's claim of payment of Rs. 4,60,000/- to the petitioner no. 3 who happens to be aunt of the complainant. In any event, the dispute between the parties is purely of civil nature relating to land dispute. The petitioners claim clean antecedents.

4. Despite service of notice, none appears on behalf of the opposite party no. 2 when the matter is called.

5. Having regard to the entirety of the facts and circumstances of the case, the provisional anticipatory bail granted to

Patna High Court Cr.Misc. No.64911 of 2018(3) dt.15-02-2019 2/2 the petitioners by order dated 13.12.2018 by this Court in connection with Complaint Case No. 619 of 2014 pending in the Court of learned Additional Chief Judicial Magistrate, II, Purnia shall stand hereby confirmed, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That petitioner no. 3 will be well represented and petitioner nos. 1, 2 and 4 shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

BT/Chandran (Vikash Jain, J) U T