Md. Irsad @ Irsad Alam And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.24135 of 2016 (2) dt.30-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24135 of 2016 Arising Out of PS.Case No. -114 Year- 2016 Thana -KATIHAR District- KATIHAR ======================================================
1. Md. Irsad @ Irsad Alam Son of late Md. Jamman Ali
2. Md. Ainul son of late Md. Nafir@Nafir
3. Saina Khatoon wife of Md. Irsad
4. Bibi Khatoon Wife of Md. Ainul
5. Sakina Khatoon Wife of Md. Ainul all Petitioner nos 1 to 5 are the Resident of Village- Pothia , O.P PS Falka District Katihar. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jibendra Mishra, Adv. For the Opposite Party/s : Mr. Binod Kumar 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-05-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147,149,420,307 and 120B of the Indian Penal Code. The prosecution case is that the Petitioner no. 1 Md. Irsad @ Irsad Alam got 27.5 decimals of land transferred through registered sale deed though the agreement for sale was only 4 decimals of land. Moreover against the consideration amount of Rs. 2.50,000/- only Rs. 2000/- were paid.
It is submitted on behalf of the petitioners that Petitioner no. 1 is the brother-in-law (Bahnoe) of the informant and since the father of the informant transferred the land on payment of consideration amount who has no grievance. Petitioner no. 2 is the witness of the sale deed and Petitioners no. 3-5 are the sister,
Patna High Court Cr.Misc. No.24135 of 2016 (2) dt.30-05-2016 mother and aunt of the Petitioner no. 1.
Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or 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 the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Katihar (Sahayak) P.S. Case No. 114 of 2016, G.R. No. 535 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Prakash/- U T