Mahrun Khatoon And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24741 of 2016 Arising Out of PS.Case No. -76 Year- 2008 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================
1. Mahrun Khatoon W/o Abdul Gaffar
2. Md. Kamaluddin @ Md. Kamruddin S/o Late Md. Suleman Both are Resident of village- Chhoti Ballia (Mirdah Toli), P.S.- Ballia, DistrictBegusarai .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Jitendra Kr. Ray-I (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-06-2016 The certified copy of the First Information Report of Begusarai (town) Police Station Case No. 76 of 2008 has been filed on behalf of the petitioners, let the same be kept on record.
Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Begusarai (Town) Police Station Case No. 76 of 2008, disclosing offences under Sections 147, 341, 323, 504, 420, 467, 468, 386, 120B of the Indian Penal Code. A complaint case filed by the informant is the basis for registration of First Information Report under Section 156 (3) of the Code of Criminal Procedure, 1973.
Patna High Court Cr.Misc. No.24741 of 2016 (3) dt.21-06-2016 2/3 The informant claims to be the owner of the lands as described in the complaint petition. The allegation against the petitioners is that taking advantage of the absence of the informant, they tried to build a hut on the said land and when the informant approached them, they started abusing her. It is also alleged that the accused Jainul Abdin has executed sale deed with respect to the said land in favour of the other accused persons, fraudulently.
Considering the nature of dispute and the allegation as mentioned in the First Information Report, this application is allowed.
Let the petitioners, namely, Mahrun Khatoon and Md. Kamaluddin @ Md. Kamruddin, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai, in connection with Begusarai (Town) Police Station Case No. 76 of 2008, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required
Patna High Court Cr.Misc. No.24741 of 2016 (3) dt.21-06-2016 3/3 and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √