Mohammad Wasim @ Mohammad Vasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35000 of 2023 Arising Out of PS. Case No.-10960 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Mohammad Wasim @ Mohammad Vasim Son Of Late Mohammad Sharfuddin Resident Of Village- Naya Tola, Almizan Nagar, Imam Colony, Ps And Po- Phulwari Sharif, Distt- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sultana Parveen Wife Of Mohammad Nasir Resident Of Village- Sabzibagh, Ps- Pirbahore, Po - Bankipur, Distt- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Sweta Burnwal :

Mr. Ved Prakash Chandan For the Opposite Party/s :

Mr.Umesh Lal Verma :

Mr. Shahid Akhtar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-07-2023 Heard learned counsel for the petitioner and learned APP for the State assisted by learned counsel for the complainant.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 379, 120(B), 403, 420 and 406 of the Indian Penal Code but the learned Court below has taken cognizance under Section 306 of the Indian Penal Code pending in the learned court below.

3. Allegation against the petitioner in the complaint petition that he withdraw full amount of his father's money and not given the share of the complainant.

Patna High Court CR. MISC. No.35000 of 2023(2) dt.25-07-2023 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner and the complainant are the brother and sister. He submits that the father of the petitioner died on 13.07.2022. He further submits that petitioner being head of the family sold 8 kattha of land and married the complainant in a well developed family but her greedy eye was on the property of the petitioner. He submits that there is money related dispute between the parties. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State along with learned counsel for the complainant opposes for prayer for bail.

6. Considering the aforesaid facts and circumstances and the fact that there is money dispute between the parties, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Complainant Case No.10960(C) of 2023,

Patna High Court CR. MISC. No.35000 of 2023(2) dt.25-07-2023 3/3 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T