Mehrun Nisha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4671 of 2020 Arising Out of PS. Case No.-40 Year-2017 Thana- RAJAON District- Banka ====================================================== 1.

Mehrun Nisha D/o Gafoor Naddaf Resident of Village - Khaira, P.S.- Rajoun, Distt - Banka.

2.

Sabnam Bibi @ Bibi Sahana @ Sahana Bibi D/o Gafoor Naddaf Resident of Village - Khaira, P.S.- Rajoun, Distt - Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Manoj Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-02-2020 Heard learned counsels for the petitioners and the State.

The petitioners are their apprehending arrest in a case registered for the offences punishable under Sections 419, 420, 467, 468, 471 and 120B of the IPC.

The prosecution case, as per the written report of Manesh Prasad Sharma, submitted to the Station House Officer, Rajoun Police Station, is to the effect that on 15.04.1988, the petitioner Manesh Prasad Sharma and his brother Naresh Prasad Sharma had purchased a land from one Md. Ismayil, son of Gafur Naddaf and since then they are in possession of the land in question. Subsequently, on 02.11.2016, the informant came to

Patna High Court CR. MISC. No.4671 of 2020(2) dt.29-02-2020 2/3 know that co-accused Umashankar Chaudhari, Amar Kumar Chaudhary, Most. Vishakha Devi and Manoj Yadav have got the land in question registered from the petitioners, being the daughters of Gafur Naddaf fraudulently in spite of the fact that at the time of execution of sale deed, they were minor. It is submitted by learned counsel for the petitioners that accusation has been levelled in the background of civil nature of dispute. It is further submitted that for the alleged occurrence of 02.11.2016, the FIR has been lodged on 01.02.2017. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent. Learned APP submits that the petitioners are named in the FIR with specific accusation.

Considering the nature of accusation and delayed lodging of the FIR, coupled with the fact that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Rajoun P.S. Case No. 40 of 2017,

Patna High Court CR. MISC. No.4671 of 2020(2) dt.29-02-2020 3/3 subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T