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Patna High CourtCR. MISC./11911/2024allowed

Jakina Khatoon v. The State Of Bihar

2024-03-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11911 of 2024 Arising Out of PS. Case No.-433 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

Jakina Khatoon W/O Rojadin Miyan R/O Vill - Senuwariya, P.S. - Chiraiya, Dist. - East Champaran 2.

Naushad Alam @ Nausad Alam S/O Rojadin Miyan R/O Vill - Senuwariya, P.S. - Chiraiya, Dist. - East Champaran 3.

Shahid Nagama @ Shahida Najma W/O Kausar Alam R/O Vill - Senuwariya, P.S. - Chiraiya, Dist. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-03-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending his arrest in a case registered for the offence punishable under Sections 323, 420, 467, 468, 384, 34 of the Indian Penal Code.

3. Petitioners are said to have cheated by false and fabricated sale deed and they also demanded Rs. 50,00,000/- as Rangdari from the informant.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the petitioners had title, interest and possession over the disputed land in question and then they sold their land to other accused. He submits that this is a case of civil dispute. He submits that there is general and omnibus allegation

Patna High Court CR. MISC. No.11911 of 2024(2) dt.12-03-2024 2/2 levelled against the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State and learned counsel for the informant opposing the prayer for bail submit that the petitioners have sold the aforesaid land which do not belong to them.

6. Considering the facts and circumstances of the case and the fact that the dispute is purely civil in nature, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chiraiya P.S. Case No. 433 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T