Naznin Nasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80787 of 2023 Arising Out of PS. Case No.-264 Year-2023 Thana- DAGARUA District- Purnia ====================================================== Naznin Nasim W/O Md. Rais Azam Village- Bairia Tola Mahesh Batha, Ps. Baisi, Dist. Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Fakhruddin Ali Ahmad, Advcate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 406 and 34 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, husband of the petitioner took the money from the different customers and not returned the same to them.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner has no connection with any way regarding the work of her husband. He submits that there is no specific overt act against the petitioner. He further submits that husband of the petitioner is ready to return the said amount to the concerned customer within six months.

Patna High Court CR. MISC. No.80787 of 2023(2) dt.19-12-2023 2/2 He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes for prayer for bail.

6. Considering the aforesaid facts and circumstances and the fact that husband of the petitioner is ready to return the amount to the costumer, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on provisional bail for a period of eight months, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Dagarua P.S. Case No.264 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. The provisional bail of the petitioner shall be confirmed by the learned Court below after verifying the fact that the husband of the petitioner has returned the amount to the concerned customers which is mentioned in the FIR in details.

8. Accordingly, this application is disposed of. (Anjani Kumar Sharan, J) ajay/- U T