Safatun Nesha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21820 of 2024 Arising Out of PS. Case No.-372 Year-2023 Thana- DHAKA District- East Champaran ====================================================== Safatun Nesha, Wife of Rohul Haq @ Rohul Haque Resident of VillageChandan Bara, Police Station- Dhaka, District- East Champaran at Motihari. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shashank Shekhar, Advocate For the Opposite Party :

Mr. Satyendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Dhaka P.S. Case No. 372 of 2023 dated 03.07.2023 registered for the offences punishable u/ss 341, 323, 504, 506, 467, 468 and 471 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have prepared forged and fabricated sale deed and got registered the Khatiyani land of the informant in favor of the petitioner under conspiracy. The other accused persons had made his signature on the sale deed as identifier and the deed writer of the sale deed. When the informant went to ask from the accused persons about such facts, the accused persons threatened to kill the informant.

4. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.21820 of 2024(3) dt.12-07-2024 2/2 the petitioner is the lady who is quite innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. There is a land dispute between the parties. It is further submitted that the other accused person Ajijul Haque has already been granted bail by this Court vide order dated 28.02.2024 passed in Criminal Miscellaneous No. 9805 of 2024. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of her arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, East Champaran at Motihari in connection with Dhaka P.S. Case No. 372 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) Gautam/amanU T