Nurjainul Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6024 of 2024 Arising Out of PS. Case No.-74 Year-2023 Thana- ADAPUR District- East Champaran ====================================================== 1.

Nurjainul Miya S/o Late Akbar Miya R/o Vill - Vishunpurwa, P.S. - Adapur, Dist. - East Champaran 2.

Mirjainul Miya S/o Late Akbar Miya R/o Vill - Vishunpurwa, P.S. - Adapur, Dist. - East Champaran 3.

Noor Alam S/o Late Akbar Miya R/o Vill - Vishunpurwa, P.S. - Adapur, Dist. - East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Tiwari, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-02-2024

1. Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioners are named in F.I.R. and apprehending their arrest in connection with Adapur P.S. Case No. 74 of 2023, registered for the offences punishable under Sections 420, 468, 471, 504, 506/34 of the Indian Penal Code.

3. The allegation against above named petitioners is to cheat the informant for a piece of land, which has been alleged to be transferred by creating forged documents.

Patna High Court CR. MISC. No.6024 of 2024(2) dt.17-02-2024 2/3

4. Learned counsel appearing on behalf of the petitioners submitted that husband of the informant transferred a piece of land to petitioner no. 1, subsequently, dispute developed between the parties for that a title suit was brought before the learned trial court, which has been registered as Title Suit No. 118 of 2023, which is pending before the Sub Judge8th , East Champaran, Motihari. It is pointed out that just to settle the title suit, the present false implication was raised as to create legal pressure. While concluding the argument, it is submitted that petitioners are men of clean antecedent.

5. Learned APP opposes the prayer of bail.

6. Considering the aforesaid facts and circumstances and by taking note of fact that petitioners appears to be implicated out of land dispute for which a title suit is pending between the parties, accordingly, all above named petitioners, in the event of their arrest or surrender before the Court below, within a period of four weeks of the order, are directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Raxaul, East Champaran, Motihari/concerned Court, where the case is pending in connection with Adapur P.S. Case No. 74 of 2023,

Patna High Court CR. MISC. No.6024 of 2024(2) dt.17-02-2024 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J) Archana/- U T