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Patna High Court - Orders

Md. Kashif Yunus vs The State Of Bihar on 17 September, 2014

Author: Vikash Jain

Bench: Vikash Jain

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.25055 of 2013
                    Arising Out of PS.Case No. -409 Year- 2012 Thana -JAHANABAD District- JEHANABAD
                 ======================================================
                 1. Md. Kashif Yunus S/O Late Md. Yasub Yunus Resident Of Village- Irki,
                 P.S.- Jehanabad, District- Jehanabad, At Present Resident At Yunus
                 Campus, Shahnaz Manzil, S.P. Verma Road, P.S.- Kotwali, District- Patna

                                                                               .... ....   Petitioner/s
                                              Versus
                    1. The State of Bihar
                    2. Md. Gyasuddin, s/o. Abdul Hamid, r/o. vill. Irki, P.S. & Dist.
                       Jehanabad.

                                                          .... .... Opposite Party/s
                 ======================================================
                 Appearance:
                 For the Petitioner/s : Mr. Rana Pratap Singh, Sr.Adv
                 For OP No.2          : Mr. Bakshi S.R.P.Sinh,Sr.Adv
                                         Mr. Lokesh Kr. Singh, Adv
                 For the State        : Mr. Jitendra Kr.Roy,APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
                 C.A.V. ORDER

9   17-09-2014

Heard learned Senior Counsel for the petitioner, learned Senior Counsel for the informant and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 420, 460, 379, 467, 468, 471/34 IPC registered in connection with Jehanabad P.S. Case No. 409 of 2012.

3. It is submitted that the petitioner has been falsely implicated as even according to the FIR the entire payments in question are said to have been made to his sister Homa Yunus who happens to be the daughter-in-law of the informant. Besides, the nature of accusations itself is highly improbable considering the relationship of the said parties. It is further submitted that the cheque numbers through which Patna High Court Cr.Misc. No.25055 of 2013 (9) dt.17-09-2014 2 the payments are alleged to have been made by the informant in fact related to payments made by the informant's son Ejaz Ahmad to his wife Homa Yunus as evident from the reply filed by him in his affidavit dated 04.05.2010 in the Domestic Violence Case much prior to the institution of the present FIR. As far as the petitioner is concerned, he has been implicated merely because he happens to be the brother of Homa Yunus.

4. Learned Senior Counsel appearing for the informant, who vehemently opposes the anticipatory bail petition, has been heard at length.

5. Having regard to the entirety of the facts and circumstances, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No. 409 of 2012, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

                                                                          (Vikash Jain, J)
Chandran


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