Bibi Nasewun Khatoon @ Nasewan Khatoon And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34195 of 2015 Arising Out of PS.Case No. -203 Year- 2014 Thana -CHHATAPUR District- SUPAUL ======================================================

1. Bibi Nasewun Khatoon @ Nasewan Khatoon W/o Md. Riyazuddin

2. Md. Tamil @ Tamil

3. Md. Gul Mohammad @ Gulab Both S/o Isaruddin

4. Md. Mister S/o Nazam All are Resident of Village Kathara, Police Station Chhatapur, District Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun, Adv. For the Opposite Party/s : Mr. A.L.Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-11-2015 Heard both sides.

Petitioner nos. 1, 3 and 4 apprehend their arrest in Chhatapur P.S. Case No. 203/2014, registered for the offences punishable under Sections 436, 34 of the Indian Penal Code. The informant named the petitioners and alleged that they set ablaze his dwelling house and fled away. Learned counsel for the petitioners submits that there is long standing land dispute between the parties. The petitioners had earlier filed a petition for encroachment on the public land made by the informant and that is why this false case has been lodged. Nobody saw the petitioners put fire in the house of the informant.

Patna High Court Cr.Misc. No.34195 of 2015 (4) dt.23-11-2015 2/2 Some burnt ashes were found, but no house-hold articles were found burnt.

Having considered the facts that the informant made very specific allegation that the petitioners set fire in his house, consequently all the house-hold articles were burnt to ashes and witnesses have also reiterated the same facts, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Rakhi U T