Md. Anjum And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32563 of 2018 Arising Out of PS.Case No. -244 Year- 2018 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Md. Anjum, S/o Abdur Rahim,

2. Yasmin Khatoon W/o Md. Anjum, Both R/o Vill.- Bighapar, P.S.- Sheikhpura, District- Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bipin Kumar For the Opposite Party/s : Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-06-2018 Learned counsel for the petitioners submits that petitioner no.1 has already been arrested by the police. As such, he seeks permission to withdraw the bail petition filed on behalf of petitioner no.1.

Accordingly, anticipatory bail petition made on behalf of the petitioner no.1 is dismissed as withdrawn. Now only prayer of the petitioner no.2, above named, for grant of anticipatory bail is considered.

Heard.

The petitioner no.2 seeks pre-arrest bail in connection with Sheikhpura P.S. Case No.244 of 2018 registered for the offences

Patna High Court Cr.Misc. No.32563 of 2018 (2) dt.14-06-2018 2/3 under Sections 420, 467 and 468 of I.P.C.

Accusation is that plot no.1811 area 03 decimal of khata no.76 of village Bighapar is the purchased land in the name of Hasiba Khatoon, mother of the informant namely, Mohd. Akram. He came to know that his brother, petitioner no.1 Mohd. Anjum putting fictitious person got executed a sale deed about 01 decimal in the name of his wife (petitioner no.2). Later on, he managed to execute the sale deed in the name of the informant regarding 01 decimal through Bibi Mariyum Khatoon.

Learned counsel appearing on behalf of the petitioner no.2 submits that, petitioner no.2 is the wife of petitioner no.1. Moreover, allegation as alleged in the F.I.R. of impersonation is against the petitioner no.1. Petitioner no.2 is the lady and she has no criminal antecedent. Further submission is that it would appear from the F.I.R. that regarding occurrence dated 09.07.1998, the present case has been lodged on 15.04.2018 after twenty years. Having considered the facts and circumstances of the case, let the petitioner no.2, above named, in the event of her arrest or surrender before the learned Court below within six weeks from today be released on bail on furnishing bail bond of Rs.10,000/-

Patna High Court Cr.Misc. No.32563 of 2018 (2) dt.14-06-2018 3/3 with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura P.S. Case No.244 of 2018 subject to the condition as laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) AnilKrSinha/-sunil U T