Bibi Tasbiran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12605 of 2025 Arising Out of PS. Case No.-1741 Year-2019 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== 1.

Bibi Tasbiran Wife of Jainul Haque Resident of village- Mohammadpur, Khaje Tole Chainpur, P.S. - Karja, District - Muzaffarpur. 2.

Afsana Khatoon Wife of Abdullah Haque Resident of villageMohammadpur, Khaje Tole Chainpur, P.S. - Karja, District - Muzaffarpur. 3.

Md. Jainu Haque @ Md. Jainal @ Jainul Haque Son of Md. Ali Husain Resident of village- Mohammadpur, Khaje Tole Chainpur, P.S. - Karja, District - Muzaffarpur.

4.

Md. Abdul @ Abdula Haque @ Abdullah Haque Son of Md. Ali Hasan Resident of village- Mohammadpur, Khaje Tole Chainpur, P.S. - Karja, District - Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mustkima Khatoon Wife of Md. Mustaque Mohammadpur, Khaje, Chainpur, P.S.- Karja, District - Muzaffarpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar, Adv.

For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Complaint Case No. 1741 of 2019 instituted for the offence punishable under Sections 420, 120B, 467 and 468/34 of the IPC.

3. The prosecution case in short is that the land bearing Khata No. 625, Khesra No. 3203 was the purchased

Patna High Court CR. MISC. No.12605 of 2025(2) dt.02-04-2025 2/3 land of the complainant's father-in-law. Her brother-in-law had sold his portion of the land to the informant. However, on 30.01.2024, petitioner Nos. 1 and 2, after hatching a criminal conspiracy, got the land bearing Khata No. 625, Khesra Nos. 3182 and 3202, area 6.875 decimals, executed in their favour by the complainant's brother-in-law. They allegedly procured the sale deed through manipulation, altering Khesra No. 3202 to 3203. Infact, both the khesra numbers does not exist under khata no.

625. The fraud was detected when a proceedings under Section 144 Cr.P.C. were initiated. After getting a certified copy of the sale deed, complainant confirmed that the petitioners had created forged documents to take possession of her land.

4. Learned counsel for the petitioners submits that petitioners are innocent and they have been falsely implicated in this case. It is submitted that petitioner No.1 and 2 purchased a piece of land from Mumtaz Alam on 30-01-2014 and took possession over the said land. It is submitted that again said Mumtaz Alam fraudulently sold the same land to his sister-inlaw, Mustakima Khatoon. It is submitted that thereafter petitioner no.2 filed Complaint Case bearing Complaint Case No. 148 of 2019 on 28-01-2019 against Md. Mumtaz and others, including the complainant of this case. Thereafter, the

Patna High Court CR. MISC. No.12605 of 2025(2) dt.02-04-2025 3/3 complainant has filed the present complaint on 22-10-2019 to pressurize the petitioners and their family members to settle the case filed by her and to grab the land, which the brother-in-law of the complainant, Md. Mumtaz had executed in favour of the petitioner nos. 1 and 2. Lastly, it is submitted that petitioners have no criminal antecedents.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Complaint Case No. 1741 of 2019, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, Muzaffarpur (West), subject to condition as laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U T