Jubeda Khatoon @ Juveda Khatun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33497 of 2024 Arising Out of PS. Case No.-238 Year-2023 Thana- CHHATAPUR District- Supaul ====================================================== Jubeda Khatoon @ Juveda Khatun W/O Md. Kasim @ Kasim R/O VILL.- KATHARA, P.S.- CHHATAPUR, DIST.- SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y. C. Verma, Sr. Adv.

Mr.Nafisu Zzoha For the Opposite Party/s :

Ms.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-05-2024

1. Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Chhatapur Police Station Case No. 238 of 2023, disclosing offences punishable under Sections 341/323/324/354-A/420/379/504/506/465/467/46834 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that the petitioner, by committing some forgery, has got the sale deed registered in her favour from her father on 15.10.1984, pertaining to the land situated at Kathara village, thana no. 166, Khata No. 08, Plot No. 525, having an area of 31 decimals.

4. Learned Senior Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.33497 of 2024(2) dt.27-05-2024 2/3 sale deed was executed in favour of the petitioner by her father about 40 years back, on 15.10.1984. The First Information Report has been lodged by the co-sharer of the petitioner only because the jamabandi standing in the name of the petitioner has been cancelled by the Circle Officer. The present case is purely of civil nature and Title Suit No. 243 of 2023 has been filed by the petitioner before the Sub Judge, Supaul, in which the informant and others are defendants.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the nature of allegation and the fact that the dispute relates to family land registered in the name of the petitioner way back in the year 1984, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 5th Additional Chief Judicial Magistrate, Supaul, in

Patna High Court CR. MISC. No.33497 of 2024(2) dt.27-05-2024 3/3 connection with Chhatapur Police Station Case No. 238 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √