Akhtari Begam @ Bibi Akhtari Khatoon And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51451 of 2017 Arising Out of PS. Case No.-182 Year-2016 Thana- LAKHISARAI District- Lakhisarai ======================================================
1. Akhtari Begam @ Bibi Akhtari Khatoon, W/o Mansur Alam,
2. Mansur Alam S/o Sahadat Hussain, Both are R/o Village- Bhandar, P.S.- Chanan, DistrictLakhisarai. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Md. Hasina, W/o Salamat Hussain, R/o Village- Sangrampur, Bhandar, P.S.- Chanan, District- Lakhisarai.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amrendra Kumar, Adv.
For the Opposite Party/s :
Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-11-2017 Heard learned Counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 406, 420, 467, 468 and 120B of the Indian Penal Code.
Prosecution case is that the petitioners transferred 26 and half decimals of land of the informant through registered sale deed fraudulently.
It is submitted by learned Counsel appearing on behalf of the petitioners that the sale deed was executed after payment of agreed consideration amount on 15.11.2014, whereas, the present criminal case was lodged on 08.04.2016 on the basis of Complaint Case No.775C/2015, which got registered as FIR
Patna High Court Cr.Misc. No.51451 of 2017(2) dt.09-11-2017 2/2 after complaint being transferred to the concerned Police Station under Section 156(3) of the Cr.P.C. on 08.04.2016. A statement has been made in paragraph no.3 of the petition that the petitioners have no criminal antecedent.
Learned APP appearing on behalf of the State submits that the thrust of accusation is against the petitioners. Considering the nature of dispute arising out of registered civil nature of dispute which can be resolved through a suit by a competent Civil Court coupled with delayed lodging of the case and statement made in paragraph no.3 of the petition that the petitioners are having no criminal antecedent, 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 12 weeks from today, 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 CJM, Lakhisarai, in connection with Lakhisarai P.S. Case No.182/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T