Md. Nasim Akhtar @ Md. Nasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57476 of 2015 Arising Out of PS.Case No. -227 Year- 2015 Thana -KHAZANIHAT District- PURNIA ====================================================== Md. Nasim Akhtar @ Md. Nasim Son of Jahur Molbi, Resident of Village Semapur Kajra, Police Station Barari, District Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Nand Kumar(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-01-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with K. Hat (Maranga) P.S. Case No. 227 of 2015 registered for offences punishable under Sections 420, 406, 467, 468 and 120B of the Indian Penal Code.

Learned counsel for the petitioner submits that there was some dispute with regard to sale and purchase of land and the allegation as carved out in the complaint petition which was subsequently registered as an F.I.R. is that the informant had advanced a sum of Rs. 5 lac to his own brother co-accused Jakir Hussain for purchase of a land belonging to one Jamindar. He further submits that the name of the Jamindar has also not been disclosed in the complaint petition. Petitioner is the brother-in-law

Patna High Court Cr.Misc. No.57476 of 2015 (2) dt.05-01-2016 2/2 of the said Jakir Hussain and a perusal of the complaint petition, it does not reveal that any money had exchanged hands between the complainant and this petitioner. Thus evidently, only because he is the brother-in-law of the said Jakir Hussain, the petitioner has been roped into the present case.

Considering the nature of the allegation made against the petitioner and that the sole allegation is against the own brother of the informant and also in view that he has no criminal antecedent, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with K. Hat (Maranga) P.S. Case No. 227 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J) sunil/- U T