Bibi Sarwari Begum And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21065 of 2015 Arising Out of PS.Case No. -333 Year- 2014 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Bibi Sarwari Begum wife of Haider Ali resident of Mohalla - Khudanagar P.S. - Chhatauni District - East Champaran.
2. Arshad Kuraishi son of Md. Eliyas Kuraishi resident of Mohalla - Raja Bazar, P.S. - Motihari Town, Dist.- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Anis Akhtar For the Opposite Party/s : Mr. Veena Kumari Jaiswal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-07-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State and learned counsel for the informant.
Petitioners apprehend their arrest in connection with Chhatauni Police Station Case No. 333 of 2014 registered for the offences punishable under Section 52(A) of the Wakf Act 1995. The accusation against the petitioner no. 1 is that she sold Wakf property to petitioner no. 2.
The contention on behalf of the petitioners is that the petitioners had purchased the lands in question from one Mustari Begum and the aforesaid Mustari Begum had purchased the land
Patna High Court Cr.Misc. No.21065 of 2015 (2) dt.06-07-2015 2/2 in question from Md, Azam and Bibi Hasina therefore, the aforesaid fact clearly demonstrate that petitioner no. 2 was a bona fide purchaser.
Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari in Chhatauni Police Station Case No. 333 of 2014, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J) Namita/- U T