Rahmatullah Rahi And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31885 of 2018 Arising Out of PS.Case No. -5 Year- 2018 Thana -LAUKHA District- MADHUBANI ======================================================
1. Rahmatullah Rahi, Son of Late Fauzdar Ali,
2. Ibrahim Rahi @ Md. Ibrahim Rahi, Both sons of Rahmatullah Rahi, Both resident of Village- Bhalha, P.S.- Lamaniya (O.P.) Laukha, DistrictMadhubani. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Vinod Kumar Nayak, Son of Baidyanath Nayak, R/o Village- Virpur, P.S.- Lalmaniya (O.P. Laukha), Distt- Madhubani. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Md. Soban Asghar, Advocate. For the Opposite Party/s : Smt. Rita Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-08-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Laukaha P.S. Case No. 05 of 2018 instituted for the offence under Sections 406, 420 and 120(B) of the Indian Penal Code.
In the instant case there is allegation that petitioners took Rs.1,50,000/- from the informant for sending him to Saudi Arabia by getting Visa. It is alleged that petitioner had gone to Saudi Arabia on the Visa given by petitioner, but he could not get job and ultimately returned back.
Counsel for the petitioners submits that petitioner No. 1 has filed Complaint Case No. 651 of 2017 dated 14.11.2017 against the informant prior to lodging of the instant case.
Patna High Court Cr.Misc. No.31885 of 2018 (4) dt.02-08-2018 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Laukaha P.S. Case No. 05 of 2018, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Jhanjharpur (Madhubani), subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T