Bibi Amina @ Bibi Amina Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30763 of 2023 Arising Out of PS. Case No.-215 Year-2022 Thana- JALALGARH District- Purnia ====================================================== 1.

Bibi Amina @ Bibi Amina Khatoon Wife of Md. Sainul @ Md. Sainul Hak Resident of Village-Rahua, PS-Jalalgarh, Dist-Purnea. 2.

Md. Kaishar @ Keshar Alam Son of Md. Aanul @ Md. Sainul @ Md. Sainul Haque Resident of Village-Rahua, PS-Jalalgarh, Dist-Purnea. 3.

Md. Tabrej @ Tabrej Alam Son of Md. Aanul @ Md. Sainul @ Md. Sainul Haque Resident of Village-Rahua, PS-Jalalgarh, Dist-Purnea. 4.

Md. Rabban @ Abdul Rabban Resident of Village-Rahua, PS-Jalalgarh, Dist-Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, A.P.P.

For the Informant :

Mr. Manish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-08-2023 Heard learned counsel for the petitioners, informant and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 467, 468, 420, 387, 504 and 506 of the Indian Penal Code.

3. It is alleged that petitioner No. 1 in conspiracy with other accused persons, including petitioner Nos. 2 to 4, obtained thumb impression of the mother of the informant on a paper without her knowledge and consent and got executed sale deed after committing cheating and forgery.

Patna High Court CR. MISC. No.30763 of 2023(3) dt.03-08-2023 2/2

4. It is submitted that petitioner No. 1 is sister of the informant and other petitioners are sons of petitioner No. 1. It is further submitted that petitioners have falsely been implicated in this case and mother of the informant has executed a free will (Wasiyatnama) in favour of petitioner No. 1 out of love and affection. Moreover, it is a dispute of civil nature. Petitioners have got clean antecedent.

5. Learned counsel for the informant vehemently opposes the prayer for bail.

6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, 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 Chief Judicial Magistrate, Purnea in connection with Jalalgarh P. S. Case No. 215 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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