Ferina Khatoon @ Rinki Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83658 of 2019 Arising Out of PS. Case No.-218 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== 1.
Ferina Khatoon @ Rinki Khatoon D/o Sk. Minchu Resident of Village - Chawani, P.S.- Manuwa Pool, Bettiah and Distt.- West Champaran. 2.
Nilu Khatoon D/o Sk. Minchu Resident of Village - Chawani, P.S.- Manuwa Pool, Bettiah and Distt.- West Champaran.
3.
Md. Arzoo Son of Sk. Minchu Resident of Village - Chawani, P.S.- Manuwa Pool, Bettiah and Distt.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mohammed Abu Haidar For the Opposite Party/s :
Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-12-2019 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners have filed the instant application for grant of anticipatory bail apprehending their arrest in a case registered for the offence under sections 420,406,504,506 and 34 of the Indian Penal Code and section 138 of N.I. Act. As per the allegation in the FIR, on the request by petitioner nos. 1 and 2 for the purpose of arranging to send their brother petitioner no. 3 out of India a loan was asked for from the informant. It is further stated in the FIR that the informant paid a sum of Rs. 1 lakh in cash and Rs. 50,000/- by a cheque of Punjab National Bank in the account of the father of these
Patna High Court CR. MISC. No.83658 of 2019(2) dt.17-12-2019 2/2 petitioners. However, the same was not returned. It is submitted by learned counsel for the petitioners that petitioners are innocent and the allegations are against their father and not the petitioners.
Having heard learned counsel for the parties and taking into consideration the facts and circumstance of the case including the fact that the main allegation is against the father of the petitioners and that the petitioners have no criminal antecedent, the court is inclined to enlarge the petitioners on bail. The petitioners above named, in the event of their arrest or surrender in the court below within a period of six weeks from today in connection with Bettiah (Town) P.S. Case No. 218 of 2019 is directed to be enlarged on bail on furnishing bail bond of Rs 10,000.- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah at West Champaran subject to the conditions as laid down in section 438 (2) of Criminal Procedure Code.
(Partha Sarthy, J) Prakash/- U