Md. Ejaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24998 of 2023 Arising Out of PS. Case No.-106 Year-2021 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== 1.

Md. Ejaj Son of Nazeer Resident of village-Rahamanganj, Police StationPhulparas, District-Madhubani 2.

Istekhar @ Iftekhar @ Md. Istekhar Son of Nazeer Resident of villageRahamanganj, Police Station-Phulparas, District-Madhubani 3.

Aadil @ Md. Aadil Son of Fajale Haque Resident of village-Rahamanganj, Police Station-Phulparas, District-Madhubani 4.

Jahangir Son of Moinul Haque Resident of village-Rahamanganj, Police Station-Phulparas, District-Madhubani 5.

Jafir @ Md Jafir Son of Murtuza Resident of village-Rahamanganj, Police Station-Phulparas, District-Madhubani 6.

Nazir @ Md. Nazir Son of Khalil Resident of village-Rahamanganj, Police Station-Phulparas, District-Madhubani 7.

Samsa @ Samsa Khatoon Son of Jahangeer Resident of villageRahamanganj, Police Station-Phulparas, District-Madhubani ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Gulsan Khatoon Wife of Mumtaz Alam Resident of village-Rahamanganj, Police Station-Phulparas, District-Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lakshmindra Kumar Yadav For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-09-2023 Heard learned counsel for the petitioners and the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 341, 406, 420, 504, 506, 509/34 of the Indian Penal Code.

3. It is alleged that petitioners had fraudulently sold the land of complainant.

Patna High Court CR. MISC. No.24998 of 2023(3) dt.21-09-2023 2/2

4. It is submitted that both parties are agnates and due to land dispute between the parties, this false case has been lodged by the complainant against the petitioners. It is further submitted that complainant has already filed a petition before the learned Additional Chief Judicial Magistrate-1st, Jhanjharpur, Madhubani. Moreover, dispute is purely of civil nature. Petitioners claim clean antecedents.

5. Counsel for the complainant vehemently opposed the prayer for bail.

6. Considering the facts aforesaid, the petitioners above-named, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to 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 the learned Sub-Divisional Judicial Magistrate, Jhanjharpur, Madhubani in connection with C.R. No. 106 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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