Shabnam Bari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20127 of 2023 Arising Out of PS. Case No.-498 Year-2020 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

SHABNAM BARI wife of Attaur Rehman Rizvi Mohalla-14, Haroon Nagar Ps- Phulwari Sharif, Dist- Patna 2.

Wasimul Haque son of Late of Shahoodul Haque Resident of - Millat Colony Ps- Phulwari Sharif, Dist- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ashraf Tarique son of Md. Sabir Ahmed Mohalla- Burhan Nagar, Bhandar Po Ps- Ishlampur Dist- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar Sinha For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-06-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 420, 467, 120(B) and 34 of the Indian Penal Code.

The petitioners have executed a sale deed on 08.04.2009 and thereafter when the informant went for mutation of the said land in the year 2009 the same was rejected by the authorities concerned.

It is submitted on behalf of the petitioners that the mutation of the land in question has already been allowed on

Patna High Court CR. MISC. No.20127 of 2023(2) dt.24-06-2023 2/2 13.02.2020 by order of the Circle Officer. As such no case is made out against the petitioners.

Learned A.P.P. for the State has opposed the bail petition of the petitioners.

Considering the aforesaid facts and circumstances and the fact that the land in question has already been mutated in favour of the complaint, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Patna, in connection with Complaint Case No. 498(C)/2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) sanjeev/- U T