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Patna High Court - Orders

Md Ajam Ansari @ Adam Ansari vs The State Of Bihar on 20 September, 2022

Author: Satyavrat Verma

Bench: Satyavrat Verma

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15683 of 2022
                      Arising Out of PS. Case No.-2 Year-2018 Thana- DEODHA District- Madhubani
                 ======================================================
           1.     MD AJAM ANSARI @ ADAM ANSARI S/O MD. YAKUB @ AYUB
                  ANSARI @ YAKUB ANSARI RESIDENT OF VILLAGE- DEODHA, P.S.-
                  DEODHA, DIST.- MADHUBANI
           2.    MD. AJAMULLAH S/O MD. YAKUB @ AYUB ANSARI @ YAKUB
                 ANSARI RESIDENT OF VILLAGE- DEODHA, P.S.- DEODHA, DIST.-
                 MADHUBANI

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    KRISHAN KUMAR RAUT S/O JAGDISH RAUT RESIDENT OF
                 VILLAGE- DEODHA, POLICE STATION- DEODHA, DISTT.-
                 MADHUBANI

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bhavesh Kumar Sah, Advocate
                 For the Opposite Party/s :      Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-09-2022

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 342, 504, 406, 420, 386 and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that the petitioners cheated him as he was made to believe that after paying Rs. 1,50,000/- he will get a permanent Visa for Qatar but the petitioner after receiving Rs. 1,10,000/- Patna High Court CR. MISC. No.15683 of 2022(2) dt.20-09-2022 2/3 from the informant instead of getting him a permanent Visa, got him a tourist Visa on which he went to Qatar and worked there for three months and thereafter he was repatriated, as such it is alleged that the petitioners lost nearly Rs. 2,50,000/- in the process.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the informant himself alleges that the petitioners had asked for Rs.1,50,000/- for getting him a permanent Visa of Qatar, but the informant only gave Rs. 1,10,000/- as such the petitioners were not able to get him a permanent Visa instead got a tourist Visa made and the informant knowingly went to Qatar on a tourist Visa worked there and came back, as such it cannot be alleged that the petitioners in any manner cheated the informant or else the informant would not have gone to Qatar for doing job.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court Patna High Court CR. MISC. No.15683 of 2022(2) dt.20-09-2022 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Deodha P.S. Case No. 02 of 2018 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/-

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