Bibi Rahima Khatoon @ Bibi Rahima Khetoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31318 of 2019 Arising Out of PS. Case No.-3108 Year-2013 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.

Bibi Rahima Khatoon @ Bibi Rahima Khetoon, Wife of Late Sheikh Sukhari @ Najir Ahmad, Resident of Village - Janerwa, P.S.- Banjariya, Dist.- East Champaran 2.

Ehrar Ali @ Aahrar Ali @ Bibhu, Son of Sheikh Sukhari @ Najir Ahmad, Resident of Village - Janerwa, P.S.- Banjariya, Dist.- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sheikh Kalamullah, Son of Late Sheikh Hafij, Resident of Village - Janerwa, P.S.- Banjariya, Dist.- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kundan Rathore, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-08-2019 This is an application for grant of anticipatory bail in connection with Trial No. 1546 of 2016, arising out of Complaint Case No. 3108C of 2013, disclosing offences under Sections 420, 467, 468, 323, 379, 504, 506, 34 of IPC. Prosecution case is that the complainant has purchased a land from father of the petitioner no.2 and later on, he came to know that father of the petitioner no.2 has already executed Bakhshish Nama in favour of the petitioners. Submission of the learned counsel for the petitioners is that petitioner no.1 is wife of petitioner no.2, who sold the

Patna High Court CR. MISC. No.31318 of 2019(3) dt.26-08-2019 2/2 land to the complainant and the petitioner no.2 is the son in whose favour Bakhshish Nama was executed and the prosecution case does not so any allegation of cheating against the petitioners, as the land has been sold by the father of the petitioner no.2.

Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned C.J.M. Motihari, East Champaran, in connection with Trial No. 1546 of 2016, arising out of Complaint Case No. 3108C of 2013, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T