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    Khdija Noor

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    Shashank Shekhar
    The petitioner, a citizen of Pakistan, was apprehended for entering India through Nepal with a fake Aadhar card and is seeking bail. The petitioner claims to be innocent and falsely implicated. The lower court granted bail but imposed the condition that the bailers must be local residents of Sitamarhi, which is impossible for the petitioner. Relief is sought from the High Court to relax this condition.

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    © All Rights Reserved
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    Khdija Noor

    Uploaded by

    Shashank Shekhar
    20 views11 pages
    The petitioner, a citizen of Pakistan, was apprehended for entering India through Nepal with a fake Aadhar card and is seeking bail. The petitioner claims to be innocent and falsely implicated. The lower court granted bail but imposed the condition that the bailers must be local residents of Sitamarhi, which is impossible for the petitioner. Relief is sought from the High Court to relax this condition.

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    khdija noor (1)

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    The petitioner, a citizen of Pakistan, was apprehended for entering India through Nepal with a fake Aadhar card and is seeking bail. The petitioner claims to be innocent and falsely implicated. The lower court granted bail but imposed the condition that the bailers must be local residents of Sitamarhi, which is impossible for the petitioner. Relief is sought from the High Court to relax this condition.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    20 views11 pages

    Khdija Noor

    Uploaded by

    Shashank Shekhar
    The petitioner, a citizen of Pakistan, was apprehended for entering India through Nepal with a fake Aadhar card and is seeking bail. The petitioner claims to be innocent and falsely implicated. The lower court granted bail but imposed the condition that the bailers must be local residents of Sitamarhi, which is impossible for the petitioner. Relief is sought from the High Court to relax this condition.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 11

    1

    (PETITIONER IN JAIL)

    IN THE HIGH COURT OF JUDICATURE AT PATNA

    (CRIMINAL MISCELLANEOUS JURISDICTION)

    Cr. Misc. No…...….…..OF 2024

    In the matter of an application


    under Section 439 and 440 of the
    Code of Criminal Procedure,

    And

    In the matter of :-

    Khadija Noor, aged about 24 years, Female, Daughter of

    Md.Ishaqak, Resident of Village- House No.13, Abdullahpur,

    Street – C Block No. X Madina Town, P.S.- Susialbad District-

    Faislabad, Country:- Pakistan ………….Petitioner

    Versus

    The State of Bihar …………..….Opposite Party

    To,

    The Hon`ble Mr. Justice K.Vinod Chandran, the Hon`ble


    Chief Justice of the High Court of Judicature at Patna and his
    companion justices of the said Hon`ble Court.
    2

    The humble Application on


    behalf of the petitioner:

    MOST RESPECTFULLY SHEWEATH:-

    1. That this Criminal Miscellaneous application is being filed for grant of


    Regular bail to the petitioner, who has been made accused in
    connection with Sursand P.S. Case No.401/2022, registered for the
    offences under Section 467/468/471/420/34 of the Indian Penal Code
    and 14 Foreigners Act 2004.

    2. That the petitioner has not preferred any such application to this
    Hon`ble Court either for grant of anticipatory or for grant of regular
    bail in this case on any earlier occasion.

    3. That the petitioner has no criminal antecedent.

    4. That the prosecution story in short as per the FIR is that on 08/08/2022
    at around 1: P.M .the informant namely Vishan Das, Company
    Commander, SSB, Sitamarhi, while on duty at the India Nepal border
    found that 2 Persons (One Male And One Female ) were coming from
    Nepal and entering into Indian Territory. While entering into the Indian
    Territory the female was stopped by the lady officer on duty and
    questioned but she could not answer anything about her identity. When
    her Addhar Card was checked then it was found that her Aadhar card
    was fake. On interrogation the girl disclosed her name as Khadija Noor
    (Petitioner), Citizen of Pakistan and the person who was
    accompanying her was Jeevan Kumar Sah who is citizen of Nepal. One
    3

    Another person namely Sayed Mahmood who was calling Jeevan


    Kumar Sah was also traced and apprehended who was living in
    Hyderabad and had come to receive Khadija Noor(Petitioner). Sayed
    Mahmood had prepared a fake Addhar Card No. 646899362534 by
    the name of Arzoo Baghdayia for the petitioner. Accordingly Seizure
    list was prepared at the place of occurrence

    A true photo/ typed copy of


    FIR & Seziure List are
    being annexed as Annexure
    -1 with this application

    5. That the petitioner is quite innocent and has committed no offence as


    alleged against him.

    6. That it is most humbly submitted that the allegation against the


    petitioner is false, misleading and concocted.

    7. That from bare perusal of the FIR and seizure List, it is evident that no
    incriminating material has been recovered from the conscious
    possession of the petitioner.

    8. That not even an Iota of objectionable material has been recovered


    from the conscious possession of the petitioner.

    9. That as a matter of fact petitioner has been granted bail by the


    Additional Sessions Judge XII, Sitamarhi Vide B.P. No. 1432 of 2022
    dated 18/10/2022 imposing a condition that ”Both the Bailers should
    be local resident of Sitamarhi” which is practically not possible for
    4

    the petitioner to fulfill as petitioner is a resident of Pakistan and has no


    Known Person in Sitamarhi.

    10. That Person Namely Sayed Hyder S/O of Late Sayed Baba Jani,
    Resident of:- 19-5-28/10/A, Kishan Bagh, Chirag Ali Nagar,
    Bahadurpura, District:- Hyderabad, State:- Andhra Pradesh and one
    of his relative who is also resident of Hyderabad is ready to become
    her bailor.

    11. That the petitioner has been falsely implicated in this case due to
    personal grudge, vengeance and with an ill motive of harassment.

    12. That the petitioner is languishing in jail since 08/08/2022 for no fault
    on his part.

    13. That in the facts and circumstances of the case, the petitioner deserves
    to be enlarge on regular bail by relaxing the condition imposed by the
    Court Below Vide B.P No. 1432/2022 dated 18/10/2022 in Sursand
    P.S Case No. 401/2022

    14. That the petitioner is prepared to furnish sufficient bail bond and
    further prepared to abide by the terms and conditions imposed by this
    Hon`ble Court.

    15. That the petitioner is a peace willing and law abiding citizen of India.

    16. That the petitioner preferred his regular bail application before the
    learned court of District And Sessions Judge, Sitamarhi in Sursand P.S
    Case No.401/2022 Vide B.P No.1432 of 2022 which was heard and
    5

    allowed vide Order dated18/10/2022 passed by learned Sessions


    Judge, Sitamarhi with a condition that ” Both the Bailor should be
    local resident” which is quite impossible for the petitioner to fulfill
    this condition.

    It is therefore prayed that your


    lordships may graciously be
    pleased to allow this application
    and enlarged the petitioner on
    Regular bail by relaxing the
    condition imposed by the Court
    Below in connection with Sursand
    P.S. Case No. 401/2022 after
    furnishing sufficient bail bond to
    the satisfaction of Learned Chief
    Judicial Magistrate, Sitamarhi.

    And / Or

    Pass such other order / orders as


    your lordships may deem fit and
    proper in the facts and
    circumstances of the case in the
    interest of justice.

    And / Or

    For this the petitioner shall ever pray.


    6
    7

    AFFIDAVIT

    I, …………………………., aged about … years, Male, Son of

    ………………….. Resident of Village-…………….P.S.-

    ……………, District- Sitamarhi , do hereby solemnly affirm and state

    as follows:-

    1. That I am of the petitioner in this case and therefore well

    acquainted with the facts and circumstances of the case.

    2. That the contents of this application have been read over and

    explained to me in Hindi, which I have fully understood the same

    and which are true to the best of my knowledge.

    3. That the annexures is true / typed copy of the respective original.


    8

    (PETITONER IN JAIL)

    IN THE HIGH COURT OF JUDICATURE AT PATNA

    (Criminal Miscellaneous Jurisdiction)

    Cr. Misc. No………………….OF 2024

    Khadija Noor ……………Petitioner

    Versus

    The State of Bihar ……..…….Opposite Party

    Subject – Regular Bail

    INDEX

    Serial Particular Page No.


    No.
    1. Type copy of the Criminal Miscellaneous 01--
    Application with Affidavit and Identity Proof.
    2. Annexure-1 A true photo/ typed copy of FIR &
    Seizure Memo Sursand P.S.
    401/2022
    3. IMPUGNED ORDER
    4. VAKALATNAMA
    9

    FIR Named Accused List:-

    1. Khadija Noor

    2. Jeevan Kumar Sah

    3. Sayyed Mahmood
    10
    11

    NOTICE

    From; Mr.Ayush Kumar, Advocate

    Email:[email protected]:9910885089

    A/C :- Anil Kumar Ph No. 8294217578

    To :- 1. Mr. Advocate General

    State of Bihar, Patna

    Ref :- Cr.Misc No. of 2024

    Khadija Noor ………. Petitioner

    Versus

    The State of Bihar & Others …….. Opposite Party

    Sir,

    Please take notice that an Application is being filed on


    behalf of the petitioner and one copy of the same is
    being served upon your kind use.

    Acknowledge the receipt of the same.

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